HomeMy WebLinkAboutPR 17476: ULTRA LOW SULFUR DIESEL FUEL PURCHASE INTEROFFICE MEMORANDUM
•ho: Floyd T. Johnson, City Manager
From: Colleen Russell, Director of Transit
Austin Brown, Transit Maintenance Supervisor
Subject: P.R. No. 17476 Ultra Low Sulfur Diesel Fuel Purchase
Date: 01/02/2013
Recommendation:
t is recommended that the City Council approve Proposed Resolution No. 17476 for
supplying Ultra Low Sulfur Diesel Fuel for the Transit Department Fleet. This
Resolution would authorize the purchase of Diesel Fuel under a one (1) year contract with
an option for an additional one (1) year with Petroleum Traders Corporation of Fort Wayne,
![N. in the amount of $0.0070 above OPIS and a Split Delivery charge of $45.00. These
expenses will be charged to the Transit Inventory /Stores Account Number: 401- 0000 - 142.10-
00.
Background:
Approval of the contract would authorize Petroleum Traders Corporation of Fort
Wayne. IN. to be the Transit Department's Diesel Fuel Supply Dispensing Vendor. The
contract is for Ultra Low Sulfur Diesel Fuel which will be used to fuel the Paratransit
Fleet.
The City's Purchasing Division advertised for bids in the Port Arthur News on
December 09, 2012 and December 16, 2012. The City received and opened seven (7)
bids on the purchase of Ultra Low Sulfur Diesel Fuel (see Bid Tabulation Attachment
). The seven (7) bids received were from the following vendors:
Bidders Bid
(1) Petroleum Traders Corporation $ 0.0070 Above OPIS $45 Charge
Fort Wayne, IN
(2) Tri -Con Inc. $ 0.0195 Above OPIS $0 Charge
Beaumont, TX.
(3) Spidle & Spidle Inc $ 0.045 Above OPIS $0 Charge
Port Arthur, TX
(4) Gold Star Petroleum, Inc $ .0302 Above OPIS $40 Charge
Spring, TX
(5) Sun Coast Resources $ 0.0491 Above OPIS $55 Charge
Beaumont, TX.
(6) Derrick Oil & Supply, Inc. $ 0.05 Above OPIS $50 Charge
Port Arthur TX.
(7) Houston- Pasadena Apache Oil Co $0.05 Above OPIS $400 Charge
Pasadena TX.
1
P.R.NO:
Page 2 of 2
Budgetary /Fiscal Effect:
Funding for the Ultra Low Sulfur Diesel Fuel purchase is available from Transit
Inventory /Stores Account Number: 401 - 0000 - 142.10 -00. As the fuel is consumed from the
Inventory/Stores Account it will be expensed to Transit Account Numbers: 401- 1501 - 561.24-
00 and 401 - 1506 - 561.24 -00 respectively.
Staffing /Employee Effect:
No anticipated effect on staffing is expected with this action.
Summary:
The Transit Department recommends that the City Council approve Proposed Resolution
No..17476 diesel fuel contract with Petroleum Traders Corporation of Fort Wayne, IN. for the
amount of $0.0070 above OPIS and a Split Delivery charge of $45.00. Funding for current
and future Ultra Low Sulfur Diesel Fuel purchases are available from Transit
lnventory/Stores Account: 401- 0000 - 142.10 -00 and as consumed will be expensed to Transit
Account Numbers: 401 - 1501 - 561.24 -00 and 401- 1506 - 561.24 -00 respectively.
Austin Brown Colleen Russ • 11
Transit Maintenance Supervisor Director of Transit
'
Shawna Tubbs 1 Deborah chols
Purchasing Manager Director f Finance
2
P.R. No. 17476
Page 1 of 2
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER
INTO A CONTRACT WITH PETROLEUM TRADERS CORPORATION
OF FORT WAYNE, INDIANA FOR THE PURCHASE OF ULTRA LOW
SULFUR DIESEL FUEL IN AN AMOUNT NOT TO EXCEED $300,000;
FUNDING IS AVAILABLE IN TRANSIT ACCOUNT NUMBERS: 401 -1501-
561.24 -00 AND 401 -1506- 561.24 -00
WHEREAS, Purchasing advertised in the Port Arthur News on the 9 t1i day of December
201 2 and the 16 day of December, 2012 for bids for the annual supply contract for the
pure Lase of Ultra Low Sulfur Diesel Fuel; and,
WHEREAS, seven (7) bids were received and opened on the 28 day of December, 2012, for
the above referenced materials and have been evaluated by the Purchasing and Transit
Departments. a copy of the Bid Tabulation is attached as Exhibit "A"; and,,
WHEREAS, it is in the best interest of the City of Port Arthur to enter into a contract with
Petroleum Traders Corporation, in substantially the same form as attached hereto as Exhibit "B"; and
WHEREAS, the Federal Transit Administration (FTA) has set forth regulations and clauses,
attached hereto as Exhibit "'C " that must be followed in order to utilize federal funds.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT
ARTHUR:
"CHAT the City Manager is hereby authorized and directed to execute on behalf of the City a one
(1) year contract with the option to renew for one (1) additional year between the City of Port Arthur and
Petroleum 'l- Corporation for the purchase of Ultra Low Sulfur Diesel Fuel, insubstantially the same
Bonn as attached hereto as Exhibit "B";and,
THAT funding for the Ultra Low Sulfur Diesel Fuel purchase is available from Transit
inv,mtory /Stares Account Number: 401 - 0000 - 142.10 -00. As the fuel is consumed from the
P.R. No. 17476
Page 2 of 2
In ventory/Sto'es Account it will be expensed to Transit Account Numbers: 401 -1501- 561.24 -00 and
401-1.506-561.24-00 respectively.
THAI' a copy of the caption of this Resolution be spread upon the Minutes of the City Council
READ, ADOPTED AND APPROVED this _ day of January A.D. 2013 at a Regular
M eeting of City Council of the City of Port Arthur, Texas by the following vote:
AYES:
Td AYOR
COLINCILMEMBERS:
NOES:
Mayor
ATTEST:
City Secretary
APPROVED AS TO FORM:
_
City Attorney
APPROVED) FOR ADMINISTRATION:
City Manapir
Director Transit
APPROVED AS TO AVAILABILTY OF FUNDS:
f)irector of Finance
\
Purchasing Manager
EXHIBIT "A"
BID TABULATION(S)
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EXHIBIT "B"
CONTRACT
P.R. No. 17476
Page 1 of 1
DIESEL FUEL SERVICE CONTRACT FOR TRANSIT
THIS A(7REEMEN'T, made this _ day of , 2013 by and between the City
kYf Port 4_rthur, a rnunicipal corporation organized under the laws of the State of Texas
hereinafter called "OWNER" or "CITY" and Petroleum Traders Corporation, of Fort
'Wayne.ndiana, herein acting by and through
hereinafter called "CONTRACTOR" agrees as follows:
WITHESSE LH: This for and in consideration of the payment, terms, conditions,
and agreements set forth herein, OWNER and CONTRACTOR agree as follow:
1. The term of this Contract shalt be from January 29, 2013 to January 29, 2014,
with an option to renew for one (1) additional year.
2. 'he Contractor agrees to provide all the Ultra Low Sulfur Diesel Fuel in the
pecification; and contract documents and comply with the terms therein for the
,um of $.0070 above OPIS and a delivery charge of $45.00.
3. The term "C'ontract Documents" means and includes the following:
.\. Agreement
-3. Advertisement
Information for BIDDERS
O. BID
E. BID BOND (if applicable)
F. General Conditions
G. Specifications
4. This agreement shall be binding upon all parties hereto and their respective heirs,
executors, administrators, successors and assigns.
5. INWITNESS WHEREOF, the parties hereto have executed, or caused to be
executed by their duly authorized official, this Agreement in (2 copies) each of
which shall be deemed an original on the date written above.
P.R. No. 17476
Page 2 of 2
Signed on the - -. —_day of , :2013.
AT 1 EST CITY OF PORT ARTHUR
BY
Signed on the day of _ , 2013.
A11 EST CONTRACTOR
BY
'` ORIGINAL
U1.- . n:ItIS "Ilulill:" PRINCE, MAYOR \\ Ajil/ FLOYDT.JOHNSON
VI 11E" E 1 EJ\ IS. ,MAYOR PRO 1 EM � �% CITY MANAGER
( '`.('11. All A1nE,R: ": of £)ry TJ SHERRI BELLARD
CITY SECRETARY
ItV'IMONDSC:0 I. R %�� 411#1
1. Z %BETH SEGLER
AI( 42RIS ALBRIGHT III VAL TIZENO
OTI YIJII[Y
II " kROI.11 L. DOt!CE "II, R., CITY A9TORNEY
ROBERT E. WILLI.AMSON Texas
DF.ItRICK FREEMAN
I:1 IO1V "TWIN" THOMAS
10 (EMBER 12. 2012
INVITATION TO BID
Ultra Low Sulfur Diesel Fuel
D.t ADLINE: Sealed Bid submittals must be received and time stamped by 3:00 p.m., Central
St:Indard Time, Friday, December 28, 2012. (The clock located in the City Secretary's office will
b. t he official tinfe.) All bids received w be read aloud at 3:15 p.m. on Friday, December 28, 2012
City Council Chambers. City Hall. 5 Floor, Port Arthur, TX. You are invited to attend.
11.02.K ENVELOPE: Diesel
111 LIVERY ADDRESS: Please submit one (1) original and one (I) copy of your hid to:
Cl I Y 1)1L I't IR"I ARTHUR CITY OF PORT \R11 lUR
CITY SLC1 cTARY or CITY SECRETARY
P.O. BOX 1o89 444 4TH STREET, 4 °i Floor
POR!' Ak 1 1ILJR, TEXAS 77641 PORT ARTIIUR, TEXAS 77640
1111N "TS OF' CO'NT'ACT:
�'. stions colleen ine the Invitation to Bid should be directed in wrilinJ to:
C ilk of Port Arthur. IA
( II Ilon Williams. Senior Purchasing Assistant
I. HON 10S9
1' :
t Arthur, l'X - 7641
c ;Iliamsr iTortartl .ir.net
.;lions c1 i _ the Scope of \Vorl, should be directed in writing to:
( 111 Port ,Arthur. TX
( r n. 'V hunt mance Supervisor
I 1 1. tic,:, 110,;0
t ,Arthu'. I 'ti " ' , . 1 1
L r, 14tslr_ip [i�,c�c"n rt'3ui.net
Division /Firmnce DepartIIINa 1 Purchasinv;✓1anaver, SLawna TuF,bs, CPPO, CPPB
F1) t .0 10891 -1414 Street fort AI Ulm, Texas 776411 909,983.8160 1 Fax 409.983.8291
hL. enclosed I`, 1 IATION f0 BID (ITB) and accompanying GENERAL INSTRUCTIONS,
( C)NDITIONS SPECIFICATIONS, are for your convenience in submitting bids for the enclosed
r i�renced services for the City of Port Arthur.
1'i is must be signer by a person having authority to bind the firm in a contract. Bids shall be placed in
. <�uled envelope. o.ith the Vendor's name and address in the upper left -hand corner of the envelope.
1, BIDS MUST BE RECEIVED IN THE CITY SECRETARY'S OFFICE BEFORE OPENING
I ),ATE, AND TIME. It is the sole responsibility of the finn to ensure that the sealed ITB submittal
arrives at the above location by specified deadline regardless of delivery method chosen by the firm.
1 - _t cut or electronically transmitted ITB submittals will not be accepted.
�h. na Tubbs, CPI'O. CPP13
fi chasin y1ana,e
Page2of14
INVITATION TO BID
ULTRA LOGY SULFUR DIESEL FUEL
(To be Completed ONLY IF YOU 1)O NOT BID.)
• ILURE TO R1 SI'OND TO BID SOLICITATIONS FOR TWO (2) BID PERIODS MAY RESULT
C': REMOVAL FROM THE VENDOR'S LIST. However, if you are removed you will be reinstated
r> r: request
In the event you desire not to submit a bid, we would appreciate your response regarding the
re.: . Your assistance in completing and returning this form in an envelope marked with the
en -dosed bid would he appreciated.
BID is submitted: this time only not this commodity /service only
Yes No
HI :es your comparrvjrovide this product or services?
\\/,re the sTecitications clear? _
1V.•re the specifications too restrictive?
1) es the City pay its bills on time?
Ih) ou desire to remain on the bid list for this product or service?
D. es your present work loadjermit additional work?
niments /Other Suggestions :__ — _
CHmpany Name: - - - - --
Person Completing Form: Telephone
Al tiling Address: Email:
State, Zip Code: Date:
Page 3 of 14
SPECIFICATIONS FOR
ULTRA LOW SULFUR DIESEL FUEL
deliveries wit' be F. O. B City storage., tanks. Deliveries will be by a Tank Transport Truck.
l ■t lders must bid a price differential abo or below the average price of the PADD 3 Report published
Beaumont /Port Arthur. Texas, by the Oil Price Information Service (CPIS). The price of fuel
delivered during :he contract term will be determined by applying the differential bid to the PADD 3
No_ra.gc price in affect on the date of delivery. The PADD 3 price in effect will change each Monday
t: the price published the previous Thursday.
',l' delivered fuel shall be transferred to the City of Port Arthur owned tanks. Delivery trucks shall be
r perly equipped with accurate measuring devices, vapor recovery systems, and spill pickup
t .Iripment. City ,tt Port Arthur personnel must verify this equipment upon completion of delivery.
), liveries shall he made on a net gallon basis, temperature corrected to 60° F. Vendors must be able
furnish certificates issued by the State of Texas that verify tank capacities for a given truck.
t hders for deliveries will be made by the Transit and Utility Operations Departments in quantities of
1'.(100 gallons or less. Deliveries will he trade within one (1) workday of the order to the locations
1 ;;ed.below
I It'partmcnt _ Location Estimated Annual Usaizc hours of Delivery
"I'r:,nsit 301 4 1.1 Street 98,000 gallons 8:00 A. M. - 5:00 P. M. (M -F)
11111.ty Operation:. 2901 Hwy. 365 2,000 gallons 7:00 A. M. 2:00 P. M. (M -F)
1 e amounts; sperif ied are estimated based on past experience and the City is not obligated to purchase
t' , 'se amounts.
l e City's minir,n:n delivery time for an emergency which is hunicanes, natural disasters, or other
L,.: :Iared enxrgencias vvill he eight (8) hours. Vendor shall provide an emergency plan to the City of
1' rt Arthur for delivery, including length of time after receipt of order that vendor shall make delivery
' lad. Vendors shall state other entities having a priority of delivery over the City of Port Arthur.
0 tality Control: An original copy of the refinery manifest shall accompany all deliveries. The
tri test must be identifiable as to the refiner or common carrier pipeline terminal. Deliveries from
nv other source will be rejected. Any transport arriving without proper paperwork will not be
1,J-rained to unlo:_d. The City of Port Arthur reserves the right to test fuels at any time for
o.s 1 h: cation i.:ompliance. The cost for such tests shall be paid by the seller in the event the product
1.1 Is to comply. Such failure will result in the prompt removal of failed products, using the vendor's
t uipment, at no :ost to the City of Port Arthur, within twenty-four (24) hours of notification.
v:ceptable loci sl :ll immediately replace unacceptable fuel based on the quality of questionable fuel
iginally deli verer to a given location at no charge for the entire shipment. Violation of specification
luirentents nma,, ;_:ive the City of Port .Arthur cause to cancel the contract and will be a consideration
future as, ards
Page 4 of 14
I lid prices bid will exclude all taxes and loading fees.
I I� bidder must submit Material Safety Data Sheet(s) with bid.
�- niber 2 Lora. SI:llur Diesel Fuel shall meet or exceed the following specifications:
API lirav,i -■ , 31.8
Cetane rode 45.0
Flash point .158° F
Nlercaptan salfur 0 004%
Water and ti diment 0.0%
Pour poinl 10° F
Sulfur 0.14%
I fuel shall meet or exceed the performance criteria as established by new vehicles manufacturers or
1 Society of Automotive Engineers or the American Society for Testing and Materials.
the contract wil he for 12 months and the city will have the option to renew the contract for one
I additional yea r.
Page 5 of 14
CITY' OF PORT ARTHUR, TEXAS
BID SHEET
BID FOR: Ultra Low Sulfur Diesel Fuel
f 1) DUE 1IATI:: December 28, 2012
DESCR1PCIOrN OPIS DIFFERENCE FLAT CHARGE FOR SPLIT DELIVERY TO
MORE THAN ONE LOCATION
i_ Ira LowSullPir Diesel Fuel S + 0.0070 $ $45.00
f':.troleum Traders Corporation 7120 Pointe Inverness Way
COMPANY NAME STREET ADDRESS
<lt NA PURL- 5F 1LODER P.O. BOX
:nyle Newton Fort Wayne IN 46804
t h INT OR TYPE ' AML CITY STATE ZIP
t;r,ntract Sales Manager 800- 348 - 3705x1002
"I I :LE AREA CODE TELEPHONE NO
cr w tongpetroleun traders.com 260- 207 -6347
1 N AIl. FAX NO.
Page 6 of 14
BID OPENING DATE: December 28, 2012
CITY OF PORT ARTHUR
INSTRUCTIONS TO BIDDER
13irl&rs are requested to furnish their complete REMIT TO ADDRESS and
AX III;NI'IFICATION NUMBER as indicated below:
EMIT PAYMENT TO:
COMPANY Petroleum Traders Corporation
ADDREFSS 7120 Pointe Inverness Way
CIT /5 1;1TI_ /IP Fort Wayne IN 46804
SI,NI) PURCHASE ORDER TO:
COMPANY Petroleum Traders Corporation
ADDIU;SS 7120 Pointe Inverness Way
('ITY /S 1'ATI / /,1P Fort Wayne, IN 46804
1 AX IDEN"I1PICATIONNUMBER 35- 1462227
Page 7 of 14
AFFIDAVIT
t I pages in 01lc Responses containing statements, letters, etc., shall be signed by a duly
horized officer of the company whose signature is binding.
l c undersigned ;Hers and agrees to one of the following:
X I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further
t- ;r,rce to pay succeeding debts as they become due.
1 hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay
s_x d debts prior to etiecution of this agreement. I further agree to pay succeeding debts as they become
I hereby ctrtity that 1 do have outstanding debts with the City of Pori Arthur and agree to
cr into an agreement for the payment of said debts. I further agree to pay succeeding debts as they
e due.
F : troleum Traders Corporation 12/26/2012
11rin Name Date
Vice President
A.tithorized Signat ark Title
L • da Stephens _ 800- 348 - 3705x1002
me (please print) Telephone
n i 'v✓ton @petraleurntraders.com
I snail
S !ATE: E: Inditin
(I )IiNTY: Alen
SI ti5CR111b;D AND SWORN to before me by the above named Linda Stephens
cr this the 26th — day of December , 20 12 .
V
Notary Public Katherine JTd yer
RI:"I'URN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL
Page 8 of 14
CON FLIC I' OF INTEREST QUESTIONNAIRE FORM CIQ
For \i'cndor or other person doing business with local governmental entity
I his qri - dionnaire reflects .n.mges made to Ole law by II.B. 1491, 80 Leg., Regular Session.
l his yric,tionnaire is being tiled in accordance with Chapter 176, Local Government Code by a person who has a business relationship
as dell i by Section 176.'101 ( I -a) with a kcal governmental entity and the person meets requirements under Section 176.006 (a).
13) Less il.is questionnaire r, us.t be filed with the records administrator of the local governmental entity not later than the 7` business
dap ,itti r the date the aersuri becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government
I Codi_.
1 pera-r commits an offense f the person knowingly violates Section 176.006, Local Government Code. An offense under this
section it a Class C misdeneanor.
I Nam r of person who has business relationship with local governmental entity. None
2. l Check this box it''rro are filing an update to a previously filed questionnaire.
'The law requires that you the an updated completed questionnaire with the appropriate tiling authority not later than
7' business day alter the date the originally tiled questionnaire becomes incomplete or inaccurate.)
3. Name of a local government officer with whom filer has employment or business relationship.
N/A
Name of d )finer — —
I his ,et tl on (item 3 includise subparts A, 13. C, & D) must be completed for each officer with whom the filer has an employment
or Other I asiness relationship .15 defined by Section 176.001 (1 -a), Local Government Code. Attache additional pages to this Form
I CPI,) is .. cessarv.
i
A. local government officer named in this section receiving or likely to receive taxable income, other than investment
.c ome, Iloin the tiles of the questionnaire?
Yes - 1 No
13. I s the tiler of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the
cirection of the Meal wvernment officer named in this section AND the taxable income is not received from the local
overrmentayl emits'
l
1 Ye_ X J No
. I s the tiler of this cu;;tionnaire employed by a corporation or other business entity with respect to which the local government
)Dicer serves as . 1 .officer or director, or holds an ownership al() percent or more?
Yes X No
)essribe each cmjH' regent or business relationship with the local government officer named in this section.
( f)\
� 12/26/2012
Sie t, tutee of pct son doi,i e business with the governmental entity Date
Go, it Newton. Contract Sales Manager
Page 9 of 14
_O?NERAL INFORMATION:
\lH YI'E: It is extremely important that the Vendor, Bidder, and /or Contractor furnish the City of
Port Arthur the required information specified in Bid or Proposal Specifications listed in this
•
lid Package.
I bids muting the intent of this request for bid will be considered for award. BIDDERS TAKING
i.:CEP'rION '10 VI IF SPECIFICATIONS, OR OFFERING SUBSTITUTIONS, SHALL STATE
1II3SE EXCEI'HII'fONS BY ATTACHMENT AS PART OF THE BID. The absence of such a list
,•all indicate than the bidder has not taken exceptions and the City shall hold the bidder responsible to
perform in strict accordance with the specifications of the invitation. The City reserves the right to
:le _ept any and all or none of the exception(s) /substitutions(s) deemed to be in the best interest of the
'it' of Port Arthar
ALTERING BIDS: Bids cannot be altered or amended after submission deadline. Any interlineations,
alb oration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing
�;u_henticity.
111 D AWARD: rite City of Port Arthur will review all bids for responsiveness and compliance with
these specifications. The award shall Ix: made to the responsive, responsible bidder who submits the
1 e,t value hid..
City reserves 0 right to:
1. Reject any and all bids and to make no award if it deems such action to be in its best
interest_
2. Award bids on the lump sum or unit price basis, whichever is in the best interest of the City.
3. Reject any or all bids and to waive informalities or defects in bids or to accept such bids as it
shall deem to be in the best interests of the City.
4. Award bids to bidders whose principal place of business is in the City of Port Arthur and
vN.hose hid is within 5% of the lowest bid price, as provided by Section 271.905 of the
Texas G vernrnent Code.
1 [:RMINOLOGY; 'Bid" vs. "Proposal"--For the purpose of this ITB, the terms "Bid" and Proposal"
sh,�11 be equivalent
Iners are cautioned to read the information contained in this 113 carefully and to submit a complete
r is ponce to all requirements and questions as directed.
CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance
v i 0 Vernon's Texas Code Annotated, Lcical Government Code Title 5, Subtitle C, Chapter 171.
1 1 IIICS: Irhe bidder shall not oiler or accept gifts or anything of value nor enter into any business
ar. wgement with ally employee. official or agent of the City of Port Arthur.
nl N1MUM STAN7)ARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective
ddr must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the
lai'o oina rerluireinrnts:
I Be able to ei with the required or proposed delivery schedule.
2 I lave a sali,iactory record of performance.
Page 10 of 14
3. Have a satisfactory record of integrity and ethics.
4. Be otherwise qualified and eligible to receive an award.
5. Be engaged in a lull time business and can assume liabilities for any performance or warranty
service required.
b. "the City ('oancil shall not award a contract to a company that is in arrears in its
obligation'. U. the City.
7. No paym shall be made to any person of public monies under any contract by
the City with such person until such person has paid all obligations and debts
owed to the City, or has made satisfactory arrangements to pay the same.
ADDENDA: Any interpretations, corrections or changes to the ITB and Specifications will be made
b. addenda. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing
I' L nager. The City assumes no responsibility for the bidder's failure to obtain and /or properly submit
ale addendum. Failure to acknowledge and submit any addendum may be cause for the bid to be
n i acted. It is the Vendor's responsibility' to check for any addendums that might have been issued
h:lore bid closing date and time.
PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the
City of Port Arthur as its principal place of business must have an official business address (office
t( ation and office personnel) in Port Arthur, the principal storage place or facility for the equipment
sl 11 be in Port Arthur and /or the place of domicile for the principal business owner(s) shall be in Port
,Aril ur or such other definition or interpretation as is provided by state law. Contractors outside the
City of Port Arthur are allowed to bid.
PRICES: The bidder should show in the proposal both the unit price and total amount, where
required, of each item listed. In the event of error or discrepancy in the mathematics, the unit price
sl .II prevail.
PURCHASE:: ORDER: A purchase order(s) shall be generated by the City of Port Arthur to the
sr e cessful bidder. The purchase order number must appear on all itemized invoices.
IN VOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Transit
Deitartntent P.O. Box 1089, Port Arthur, Texas 77641.
PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the
gi r!ds or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment
1. • . Article 601 f V. T.C.S. The City's standard payment terms arc net 30, i.e. payment is due 30 days
r !n the date kit' the invoice.
S LES TAX: 1 r.e City of Port Arthur is exempt by law from payment of Texas Sales Tax and
F . era' Excise Tax; therefore the proposal shall not include Sales Tax.
V t :.NUE: ll'iis; agreement will he governed and construed according to the laws of the State of Texas.
T•lis agreement is performable in Port Arthur, Texas, Jefferson County.
COMPLIANCE 'WITH LAWS: The Contractor shall comply with all applicable laws, ordinances,
ru les. orders, regulations and codes of the federal, state and local governments relating to performance
_tf v,ork herein.
I'4ec1I el 14
1,NTERES'I OF MEMBERS OF CITY: No member of the governing body of the City, and no other
officer, employee or agent of the City who exercises any functions or responsibilities in connection
the planning and carrying out of the program, shall have any personal financial interest, direct or
iirect, in this Contract; and, the Contractor shall take appropriate steps to assure compliance.
DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits
rh City from granting any license, privilege or paying money to any -one owing delinquent taxes,
I ving assessments or any money to the City until such debts are paid or until satisfactory
- angements for payment has been made. Bidders must complete and sign the AFFIDAVIT included
as part of this 1T13.
UANTII'IES: Quantities shown are estimated, based on projected use. It is specifically understood
and agreed that these quantities are approximate and any additional quantities will be paid for at the
oted price. It is further understood that the contractor shall not have any claim against the City of
1'tai Arthur for quantities less than the estimated amount.
SHIPPING IiNFORMATION: All bids are to he P.O.B., City of Port Arthur, Port Arthur, TX 77640
INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause
mired by law to he inserted into the Contract shall be deemed to be enacted herein and the Contract
t Frtl l be read and eii6 rced as though each were included herein. If, through mistake or otherwise, any
u_h provision is not inserted or is not correctly inserted the Contract shall be amended to make such
i , ,crtion 00 applieJtit:t by either party.
CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner,
l eribrm all work and furnish all supplies and materials, machinery, equipment, facilities and means,
ry.;ept as herein otherwise expressly specified, necessary or proper to perform and complete all the
v ork required by this Contract, in accordance with the provisions of this Contract and said
reillcations.
I e apparent silence of these specifications as to any detail or to the apparent omission from it of a
ae!ailed description concerning any point shall be regarded as meaning that only the best commercial
r ictices are to prevail_
v Idle the purpose of the specifications is to indicate minimum requirements in the way of capability,
lierfbrmancc, construction, and other details, its use is not intended to deprive the City of Port Arthur
1 n • option of sele,.ting goods which may be considered more suitable for the purpose involved.
the event of euallicts between the ivritten bid proposal and information obtained verbally, the
vcndor is spccilieaily advised that the written bid proposal will prevail in the determination of the
cesslul bidder,
Under the Title V1 of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or
ional origin, he excluded from participation in, be denied the benefits of or be subjected to
i;.crimination under any program or activity receiving Federal financial assistance.
1'1:12\I1N ATRON FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a
t rich and propel manner his obligations under this contract, or if the Contractor shall violate any of
ivcnan!s, al.ro or stipulations of this contract, the City shall thereupon have the right to
!'ace 12 of 14
tr r niunate this contract by giving written notice to the Contractor of such tennination and specifying
tI L effective date thereof, at least fifteen (15) days before the effective elate of such termination.
twithstanding the above, the Contractor shall not be relieved of liability to the City for damages
s tained by the II'ity by virtue of any breach of the contract by the Contractor, and the City may
hhold any payments to the Contractor for the purpose of set -off until such time as the exact amount
ui Damages due the City from the Contractor is determined.
7_CR.NIINATION FOR CONVENIENCE: The City may terminate this contract at any time
inh at least thirty (30) days notice in writing to the Contractor. lithe Contract is terminated by the
( ity as provided herein, the Contractor will be paid for the service that it has performed up to the
tcr nination date. If this contract is terminated due to fault of the Contractor, the previous paragraph
eof relative to termination shall apply.
RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the
_
( c ntractor to furnish releases or receipts for any or all persons performing work and supplying
n :.:terial or service to the Contractor, or any sub- contractors for work under this contract, if this is
deemed necessary tA protect its interests.
( ARE OF WORK: The Contractor shall be responsible for all damages to person or property that
o.:curs as a result of his fault or negligence in connection w ith the work performed until completion
final acecptanc by the City.
Si. B- CON'TRACT'S: The Contractor shall not execute an agreement with any sub- contractor or
pc' mit any sub- contractor to perform any work included in this Contract until he has received from the
C i1 of Port Arthur '.written approval of such agreement.
I NI SERANC E: All insurance must be written by an insurer licensed to conduct business in the State of
f e sas. unless otherwise permitted by Owner. The Contract shall, at his own expense, purchase,
❑sintain and keep force insurance that will protect against injury and /or damages which may arise
o of or result fin i operations under this contract, whether the operations be by himself or by any
5 co.ntractor or Try anyone directly or indirectly employed by any of them, or by anyone for whose
a:t any of them rd:r✓ be liable, of the following types and limits
L Stwicard Worker's Compensation Insurance:
Z. Cord nercial General Liability occurrence type insurance City of Port Arthur, its
offi,.crs, agents, and employees must be named as an additional insured):
a. Itojily injury $300,000 single limit per occurrence or $500,000 each
pers( n/$500,000 per occurrence for contracts of $100,000 or less; or
t3o-�1i5 injury $1,000,000 single limit per occurrence or $500,000 each
pers n /$1,000,000 per occurrence for contracts in excess of $100,000; and,
b. 1'r%)perty Damage $100,000 per occurrence regardless of contract amount; and,
c. :NIinInn aggregate policy ) ear Iimit of $1,000,000 for contracts of
$115).1,00 or less; or, Minimum aggregate policy year limit of 52,000,000
fix <<mu'acts in excess of $100.000.
Pale 13 of 14
•
Commercial Automobile Liability insurance (including owned, non -owned and hired
,ehicles coverage's).
a Minimum combined single limit of $500,000 per occurrence, for bodily
inj.nry and property damage.
b. "1 individual limits are provided, minimum limits are $300,000 per person, $500,000
per occurrence for bodily njury and S100,000 per occurrence for property damage.
( (_.oractor snail ranse Contractor's insurance company or insurance agent to fill in all information
r c uired (including names of insurance agency, contractor and insurance companies, and policy
n_i nbcrs, effective cares and expiration dates) and to date and sign and do all other things necessary to
c>nplete and male into valid certificates of insurance and pertaining to the above listed items, and
h_ are commencing any of the work and within the time otherwise specified, Contractor shall file
c nnieted certificates of insurance with the Owner.
ne of the prov i_,ions in said certificate of insurance should be altered or modified in any respect
c, ept as herein cyp authorized. Said CERTIFICATE OF INSURANCE Form should contain a
p i,ion that coverage afforded under the policies will not be altered, modified or canceled unless at
h .Ht fifteen (1 5) days prior written notice has been given to the City of Port. Arthur. Contractor shall
a ) file with the Cny of Port Arthur valid CERTIFICATE OF INSURANCE on like form fronm or for
a I Subcontractors, _srrd showing the Subcontractor (s) as the Insured. Said completed CERTIFICATE
C �f INSURANCI`. form (s) shall in any event be filed with the City of Port Arthur not more than ten
( days after execation of this Contract.
1vOTICE TO PROCEED: Notice to Proceed shall be issued within ten (10) days of the execution of
the Contract by 0' NER. Should there to any reasons why Notice to Proceed cannot be issued within
such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR.
('I;LL PHONE OR PAGER: The Contractor must have a working cell phone or pager available
1omday through Friday from 8:00 a.m. to 5:00 p.m. so that the City will be able to contact the
itr,.rctor.
11 AGES & SALARIES: Attention is particularly called to the requirement of not paying less than the
j o vailin Davis Bacon Related Acts (DI3RA) wage rates specified in the Contract Documents. These
r are minimums. to be paid during the life of the contract. It is therefore the responsibility of the
i Ider to inform themselves as to local labor conditions. Attention is called to the requirement that
(et pluyees and applicants for employment are not discriminated against because of race, color,
r l!gion, sex. age or national origin.
Page 14 of 14
--
PETROLEUM TRADERS
CORPORATION
7120 Pointe Inverness Way
Fort Wayne, IN 46804 -7928
(260) 432 -6622
Port Arthur Emergency Response
We can successfully manage the supply should conditions or problems arise anywhere in the
United States. In the event there is a disruption in supply because of an emergency, Petroleum
traders Ccrooration has the following procedures in place in order to meet your fuel supply
needs
1.) Vie have access to supply in all regions of the country which will be utilized for
delivery in areas where supply has been disrupted.
2.) Vie can contact carriers in other cities and surrounding states where supply is
available to prepare them for the possibility of longer runs into the city where supply
may not be available.
a. A list of local carriers include:
1. Coastal
2. TX Transeastern, Inc
3. NICS Oil
4. Lucky L.ady
5. Oil Patch
6. Mission Transport
7. Sun Coast
b. Petroleum Traders access to supply in the Beaumont area includes:
1. Gavilon
2. Motiva
3. Valero
4. Murphy
5. Placid
6. Global
c. Outside of the immediate Beaumont area, we have access to supply in
1. Houston, TX
a. Gavilon
b. Motiva
c. Valero
d. Musket
e. Petrocom
f. Western
2. Hearne, TX
a. Gavilon
b. Motiva
c. Murphy
d. Valero
e. Global
3. Lake Charles, LA
a. Valero
d. Additionally, we are able to pull fuel from further sources:
1. San Antonio, TX
2. Dallas, TX
3. Austin, TX
4. Placedo, TX
5. Shreveport, LA
3.) Petroleum Traders is a pipeline shipper. We have an average inventory of our own
faels exceeding 30 million gallons. Our supply department is notified during times of
fuel emergencies as to where our supply needs to be redirected.
4.) Petroleum Traders Corporation can be contacted 24 hours per day, 7 days per week,
and 365 days per year.
a During normal business hours of 7:00 AM to 9:00 PM please call 1- 800 -348-
3705 and select option #4.
b After hours, weekends, or holidays call 1- 800 -348 -3705 and select option #1
for an on -call member of dispatch.
5.) Petroleum Traders emergency personnel are available 24/7 during times of
emergency, disaster, supply disruption, etc.
a. Emergency phone numbers include:
Rick Hauschild, Distribution Manager: 800 - 348 -3705 x 6373
ii. Gayle Newton, Contract Sales Manager: 800 - 348 -3705 x 6347
Mayleen Brinker, Supply Manager 800 - 348 -3705 x 6343
iv. Vicki Nimes, Vice President 800 - 348 -3705 x 6341
b Additional alternate numbers can be provided if needed.
6 ) Petroleum Traders Corporation can coordinate with our local carriers and Port Arthur
from June 1st through November 30 to maintain tank fuel levels at 75% or more
during the hurricane season.
7 ) Ilf a storm is projected to impact Port Arthur, Petroleum Traders' personnel can
contact city personnel to identify key priorities or needs of Port Arthur and respond
accordingly 'We can also contact our local carriers to arrange continued deliveries up
to 2 hours prior to the predicted onset of tropical force winds.
a. If it is likely a tropical storm will cause an impact to Port Arthur and any of our
local carriers, Petroleum Traders can contact our carriers outside the possible
impact area to prepare for possible fuel needs after any storm passes.
8.) Petroleum Traders can monitor the weather and be available to arrange with our
carriers to resume needed deliveries within 12 hours after tropical force winds have
subsided.
a. We will continue to work with out -of -area carriers and Port Arthur until local
carriers can resume making deliveries.
9.) Under normal delivery conditions, Petroleum Traders Corporation requests 24 hours,
cane (1) business day, to make deliveries from the time of order received. In cases of
e mergency. we will strive to complete deliveries in 8 hours from the time the order is
p laced. Petroleum Traders Corporation considers all entities which supply fuel to
f= irst Responders to be a priority customer in times of emergencies.
_. 5. 6;31,2X71 Time: 7 :21 E'0 To: W 12604326564 760-268-4500 Page: 001
At •
Valero
Corporate HI alin and Safety
P O Box 696000
San Antonio T> 78269 -6000 VALERO
PETROLEL ;f:' RADERS CORP
260 4376164
_i; 31,2011
Atn r: SafetylRight - To - Know Coordinator
A ustome;
:1 of Material Sa'ei/ Data Sheet(s) (MSDS), which have been prepared in accordance with the OSHA Hazard
:mrnunlcation Standard (29 CFR 1910 1200) are enclosed for the listed products manufactured by Valero. MSDS
a e bung provided to you either •
- as a result .;t our being authorized to purchase the products,
- a res.: II, of p ct r 'equest for MSDS or
- cc npliar _e the supplier notification requirements in 40 CFR, Pait 372, Subpart C.
F ease compare the Batas on the attached MSDS wlfn those in your file and replace any older MSDS with the more
, one OSHA rcg - ations may require that you make the attached information available to your employees and/or
y ;i , customers
F • - iegLiatioos 40 763, Part 372, in support of Section 313 of SARA, Title III, requires all manufacturers to notify
s 3 pliers annua;iy of try- concentrations of certain chemicals in products. The list of these chemicals can be found in
4 ; 7FP 372 65 Thir, notification is accomplished by an annual distrbution (in January) of a report listing each product
a t concentration c' 'she regulated components
t0! owing V AD0 ar: a ^ached
DS Number Description
3D Diesel Fuels
C TS Assistance 1,3))345 -4593
5; 31,2 11 Tirr.e, n::.1 6M. To: @ 12644320564 760-26e-4.500 Page; 002
MATERIAL SAFETY DATA SHEET
VALERO '
1 Product and Ccmpany Identification
M is rrat name DIESEL FUELS
R a), i s i o n date 08-11 -201
V : :r >ion # 02
PAS )S Number 102
P e 7uc.t use Refine: y feedstock
S r onym(s) Diesel Fuels All Grades Diesel Fuel No.2, Fuel Oil No -2, High Sulfur Diesel Fuel, Low Sulfur
Diesel Fuel, Ultra Low Sulfur Diesel Fuel, CARE (California Air Resource Board) Diesel Fuel,
Off-Road Diesel Fuel, Dyed Diesel Fuel, X Grade Diesel Fuel, X -1 Diesel Fuel
See section 16 for complete information.
M ufacturerlSapptler Valero Marketing & Supply Company and Affiliates
P O Box 696000
San Antonio, T X 78260 -6000
Geneial Assistance 210 -345 -4593
E n agency 24 Hcur Emergency 866 -565 -5220
1- 800 - 424-9300 (CHEMTREC USA)
2 Hazards Identification
P ry sroal state Liquia
Appearance Liquid (may be dyed red).
En rrgency overview DANGER!
Combustible liquid and Japor May be ignited by heat, sparks or flames. Heat may cause the
conta Hers to explode
Harmful 1 inhaled or swallowed. May harmful 1 absorbed through skin. Aspiration may cause
lung carnage Irritating to eyes, respiratory system and skin. In (nigh concentrations, vapors and
spray mists are narcotic and may cause headache, fatigue, dizziness and nausea. Suspect
cancer hazard - may cause cancer. Prolonged exposure may cause chronic effects. Diesel
exhaust has beef reported to be an occupational hazard due to NIOSH- reported potential
carcinogenic properties Hydrogen sulfide, a highly toxic gas, may be present or released Signs
and symptorns of overexposure to hydrogen sulfide include respiratory and eye irritation,
dizziness, nausea coughing, a sensation of dryness and pain in the nose, and loss of
consciousness Odor does not provide a reliable indicator of the presence of hazardous levels in
the atmosphere Toxic to aquatic organisms. May cause long -term adverse effects in the aquatic
environment.
C S 1A regulatory status This product is considered hazardous under 29 CFR 19101200 (Hazard Communication).
P,tantial health, effects
Routes of exposure Inhalation Ingestion. Skin contact. Eye contact.
Eyes Contact may irritate or burn eyes. Eye contact may result in corneal injury.
Skin May be harmful if absorbed through skin. Irritating to skin Frequent or prolonged contact may
defat and dry the skin, leading to discomfort and dermatitis.
Inhalation Harmful if inhaled Irntatng to respiratory system. In high concentrations, vapors and spray mists
are narcotic and may cause headache, fatigue, dizziness and nausea. May cause breathing
disorders and lung damage. May cause cancer by inhalation. Prolonged inhalation may be
harmful.
Ingestion Harmful if swallowed ingestion may result in vomiting, aspiration (breathing) of vomitus into lungs
must be avoided as even small quantities may result in aspiration pneumonitis. Irritating to mouth,
throat and stomach
T rr pit organs Blood Eyes ❑aer Respiratory system Skin Kidneys. Central nervous system.
C fi on is effects Suspect cancer nazaru - may cause cancer. Liver injury may occur. Kidney injury may occur. May
cause central nervous system disorder (e.g_ narcosis involving a loss of coordination, weakness,
fatigue, mental confjsion and blurred vision) and/or damage. Frequent or prolonged contact may
defat and dry the skin, leading to discomfort and dermatitis-
, as and symptoms Irritation of nose and throat. Irritation of eyes and mucous membranes. Skin irritation.
Unconsciousness Corneal damage Narcosis Decrease in motor functions Behavioral changes.
Edema. Liver enlargement. Jaundice Conjunctivitis Proteinuria. Defatting of the skin. Rash.
2:01 F0013 -- ,PHM 'She
Version 0.02 Reason detei 08 -11 -2011 Print date- 08 -11 -2011 1 /11
az. ad by 01 Cara,.
".a 8%31/2 -..- Timer - 7:11 F:4 To 19 12604326569 760 268 - 4500 Page: 003
Pr.r1: environmental effects Toxic to aquatc c,rganisms. May cause long -term adverse effects in the aquatic environment.
3 Composition / Information on Ingredients
Components CAS# Percent
Fr.e s. diesel 68334 -30 -5 85 - 100
m: iesel - Fatty acid methyl esters 67762 -38 -3 0 - 10
O d inane 111 -84 -2 1 - 3
O':nne (All isomers) 111 -65 -9 1 - 2
H sne (Otner isomers 96 -14 -0 0 - 1
N r nthalene 91 -20 -3 0 - 1
n- -i •p erne - -- 142 -82 -5 0 - 1
n- -a ,xane 110 -54 -3 0 - 1
4 First Aid Measures
F°st aid procedures
Eye contact Immediately flash eyes with plenty of water for at least 15 minutes. Remove contact lenses, if
present and easy to do Continue rinsing. Get medical attention.
SKIn contact Remove contaminated clothing and shoes. Wash off immediately with soap and plenty of water.
Get medical attention it irritation develops or persists. Wash clothing separately before reuse.
Destroy or thoroughly clean contaminated shoes If high pressure injection under the skin occurs,
always seek medical attention.
Inhalation Move to fresh air If breathing is difficult, give oxygen. If not breathing, give artificial respiration.
Get medical attention
Ingestion Rinse mouth thoroughly Do not induce vomiting without advice from poison control center. Do not
give rnouth-to-moutn resuscitation If vomiting occurs, keep head low so that stomach content
does not get into the lungs. Get medical attention Immediately.
N _s to physician In case of shortness of breath, give oxygen. Keep victim warm. Keep victim under observation.
Symptoms may he delayed
G ^r eral advice if exposed or concerned: get medical attention /advice. Ensure that medical personnel are aware
of the material(s) Involved, and take precautions to protect themselves. Show this safety data
sheet to the doctor in attendance. Wash contaminated clothing before re -use.
5 Fire Fighting Measures
F a nmable properties Combustible by OSHA criteria. Containers may explode when heated.
Ext nguishing media
Suitable extinguishing Wate' spray. Water fog Foam. Dry chemical powder. Carbon dioxide (CO2).
media
Unsuitable extinguishing Do not use a solid water stream as it may scatter and spread fire.
media
P of firefighters
Protective equipment and Wear 'all protective clothing, including helmet, self- contained positive pressure or pressure
precautions for firer ghters demand breathing apparatus, protective clothing and face mask.
F e' fighting Wear null protective certhing, including helmet, self- contained positive pressure or pressure
a1, iprnent /inst demand breathing apparatus, protectve clothing and face mask. Wthdraw immediately in case of
rising sound from venting safety devices or any discoloration of tanks due to fire. Fight fire from
maximum distance or use unmanned hose holders or monitor nozzles. Move containers from fire
area •1 you can oo it without risk In the event of fire, cool tanks with water spray. Cool containers
exposed to flames with water until well after the fire is out. For massive fire, use unmanned hose
holders or monitor nozzles if this is impossible, withdraw from area and let fire bum. Water runoff
can cause environmental damage. Use compatible foam to minimize vapor generation as needed.
5:' C]fic methods In the event of fire and /or explosion do not breathe fumes.
Fa: ardous combustion Carbon monoxide. Carbon Dioxide. Sulfur oxides. Nitrogen oxides (NOx). Hydrocarbons.
p ducts Hydrogen sulfide.
L FUELS CPHSISOSNA
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6. Accidental Release Measures -
Per sonal precautions Keep unnecessary personnel away. Local authorities should be advised if significant spills cannot
be contained. Keep upwind. Keep out of low areas. Ventilate closed spaces before entering. Do
not touch damaged containers or spilled material unless wearing appropriate protective clothing
See Section 8 of the MSDS for Personal Protective Equipment.
E
arironmental precautions If facility or operation has an 'oil or hazardous substance contingency plan ", activate its
procedures. Stay upwind and away from spill. Wear appropriate protective equipment including
respiratory protection as conditions warrant. Do not enter or stay in area unless monitoring
indicates that it is safe to do so. Isolate hazard area and restrict entry to emergency crew.
Flammable. Rev'ew Fire Fighting Measures, Section 5, before proceeding with clean up. Keep all
sources of ignition (flames, smoking, flares, etc.) and hot surfaces away from release. Contain
spill in smallest possible area. Recover as much product as possible (e.g. by vacuuming). Stop
leak i` it can be cone without risk Use water spray to disperse vapors. Use compatible foam to
minimize vapor generation as needed. Spilled material may be absorbed by an appropriate
absorbent, and then handled in accordance wth environmental regulations. Prevent spilled
material from entering sewers, storm drains, other unauthorized treatment or drainage systems
and natural waterways Contact fire authorities and appropriate federal, state and local agencies.
If spill of any amount is made into or upon navigable waters, the contiguous zone, or adjoining
shorelines, contact the National Response Center at 1 -800- 424 -8802. For highway or railways
spills, contact Chemtrec at 1 -800- 424 -9300.
Me hods for containment Eliminate all ignition sources (no smoking, flares, sparks, or flames in immediate area). Local
authorities should be advised if significant spillages cannot be contained. Stop leak if you can do
so without risk. This material is a water pollutant and should be prevented from contaminating soil
or from entering sewage and drainage systems and bodies of water. Dike the spilled material,
where this is possible Prevent entry into ' into vvaterways, sewers, basements or confined areas.
Nler.hods for cleaning up. Use non - sparking tools and explosion -proof equipment.
Small Spills Absorb spill with vermiculite or other inert material, then place in a container for
chemical waste Clean surface thoroughly to remove residual contamination. This material and its
container must be disposed of as hazardous waste.
Large Spills: Use a non - combustible material like vermiculite, sand or earth to soak up the product
and place into a container for later disposal. Prevent product from entering drains. Do not allow
material to contaminate ground water system Should not be released into the environment.
C tI er information Clean up in accordance with all applicable regulations.
7. Handling arid Storage
F a .dling `Near personal protective equipment. Avoid breathing dust/fume /gas/mist/vapors /spray. Avoid
contact with eyes, skin, and clothing. Do not taste or swallow. Avoid prolonged exposure. Use
only with adequate ventilation. Wash thoroughly after handling. The product is combustible, and
heating may generate vapors which may form explosive vapor /air matures. DO NOT handle, store
or open near an open flame, sources of heat or sources of ignition. Protect material from direct
sunlight. Take precautionary measures against static discharges. All equipment used when
handling the product must be grounded. Use non - sparking tools and explosion -proof equipment.
When using, do not eat, drink or smote. Avoid release to the environment.
u rage Flammable liquid storage. Do not handle or store near an open flame, heat or other sources of
ignition. This material can accumulate static charge which may cause spark and become an
ignition source. " pressure in sealed containers can increase under the influence of heat. Keep
contsrner tightly closed in a cool. well - ventilated place. Keep away from food, drink and animal
feedrngstuffs. Keep out of the reach of children.
£. Exposure Controls 1 Personal Protection
Cc nupational exposure limits
U.S. ACGII-I Thres,hclo Limit Values
Components Type Value Form
eels dies,al (08 30 -5) T'JVA 100 mg /m3 Inhalable fraction and
vapor
-lexere (C:`rer iis_ � °rs) STEL 1000 ppm
(08 -14 -0)
TWA 500 ppm
iJuahtbalere (01 ' }' TJVA 10 ppm
STEL 15 ppm
n- Fleptane 42-E ' `) T' N.4 400 ppm
STE_ 500 ppm
001 FUELS cr'e MSDS
nw
, version 8: 02 Revision date: 08-11-2011 Print date: 08 -11 -2011 3 / 11
' 3E cu�p�
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US. ACGIH Threshold Limit Values
Components Type Value Form
- Hexane 013-54.13 TWA 50 ppm
r- tlonane (111 -84 2 TWA 200ppm
Octane ( AII 'some's) TWA 300 ppm
1111-65.9)
US. OSHA Table Z -' Limits for Air Contaminants (29 CFR 1910.1000)
Components Type Value
flaphtnalene ;91-70- l6 PEL 10 ppm
50 mg/m3
- H ep*lane 142- 3:' -`, P?L 2000 mg /m3
500 ppm
( Hexane 1113.tez . 3 PEL 1800 mg /m3
500 ppm
Octane (AII isom:- s) PEL 2350 mg/m3
(1 11 -65 -9)
500 ppm
Canada. Al berta OE[Ls (Occupational Health & Safety Code, Schedule 1, Table 2)
Components Type Value
Fuels. diesel (68334 30 -5) TWA 100 mg /m3
Hexane (Other isc:mers) STEL 1000 ppm
(96 -14 -0)
TWA 1760 mg/m3
STEL 3500 mg/m3
TWA 500 ppm
Naphthalene (91 - TWA 10 ppm
STEL 15 ppm
TWA 52 mg /m3
STEL 79 mg /m3
- Heptane 1426 'j TWA 1640 mg /m3
STEL 2050 mg/m3
TWA 400 ppm
STEL 500 ppm
n- Hexane (110-5 TWA 176 mg /m3
50 ppm
n- Non.ane (111 -8a_ T WA 1050 nag /m3
200 ppm
Octane (Al :some (s TWA 1400 mglrn3
(111 -05 -9)
300 ppm
Canada. British Co umbia OELs. (Occupational Exposure Limits for Chemical Substances, Occupational Health and
Safety Regulation :96(97, as amended)
Components Type Value Form
flels diesel (68134 -30 -5) TWA 100 mg/m3 Vapor and aerosol.
Hexane ( Other Isar TWA 200 ppm
■96 -14 -0)
Naphthalene (91 70 3 TWA 10 ppm
t:TE_ 15 ppm
n- Heeler), "142 - "' TWA 400 ppm
STEL 500 ppm
n- Hexane 111 C5 <- ` 1 EJA 20 ppm
o -Nor ane ' 11 -8 i TWA 200 ppm
Octane (All 1somors T VIA 300 ppm
111-65-9)
Canada. Ontario OEL.s. (Ministry of Labor - Control of Exposure to Biological or Chemical Agents)
Components Type Value Form
f=uels clesel (68:;3- -30 -5) TWA 100 mg /m3 Vapor and aerosol
Hexane (Other 10on e STEL 1000 ppm
96 -12.-0)
1VW 1760 mg /m3
-9EL F1 c�-i MSos
viers,on #_ 02 Re dale. 08 -11 -2011 Print date 0 &11 -2011 4 / 11
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Canada. Ontario OE_s. (Ministry of Labor - Control of Exposure to Biological or Chemical Agents)
Components Type Value Form
S1 EL 3520 mg /m3
TWA 500 ppm
Naphthalene- (91 -L2;) TWA 10 ppm
STEL 15 ppm
TWA 52 mg /m3
81 El 78 mg /m3
leptane 1142 -22 TWA 1635 mg /m3
51 EL 2045 mg/m:3
T'VA 400 ppm
STEL 500 ppm
Eiexane (1 1054- 3 TV,G 176 mg/m3
50 ppm
rNonane (212-'64 2; TWA 1050 mg /m3
200 ppm
;)ctane (All iscme' TWA 1400 mg/m.3
1111 -65 -91
Sl EL 1750 mg /m3
TWA 300 ppm
S; El 375 ppm
Canada. Quebec 'GELS. (Ministry of Labor- Regulation Respecting the Quality of the Work Environment)
Ccmponents Type Value
Hexane (Other so -a n S - EL 1000 ppm
�l6 -14 -0)
TWA 1760 mg /m3
EL 3500 mg /m3
TWA 500 ppm
..aphth-alenr (91- - 1 TWA 10 ppm
SEEL 15 ppm
52 mg /m3
STEL 79 mg /m3
n- Heptare (142 -3: TWA 1640 mg /m3
STEL 2050 mg /m3
T \WA 400 ppm
S EL 500 ppm
Hexane r+ 10 - 5c TWA 176 mg /m3
50 ppm
- - P.onane (' 11 -4i T2 L 1050 mg /m3
200 ppm
_ctane (Al son' e T,NA 1400 mg /m3
- 11 65 -9)
S" EL 1750 mg /m3
T'.NA 300 ppm
S - El. 375 ppm
Mexico. Occupatiorar Exposure Limit Values,
Components Type Value
Hexane (OL»r iscr rs) 5 -EL 1000 ppm
O6 -14 -01
T' 'VA 1760 mg /m3
("E 3500 3500 mg /m3
TrNA 500 ppm
apn raiena �" TWA 10 ppm
10 - EL 15 ppm
T 5 - 50 mg /m3
E� 75 mg!m3
eptar;e �E: 1 N 1600 mg /m3
S FEL 2000 mg /m3
400 ppm
SLEL 500 ppm
dexar..- ( 1) TN.', 176 mg/m3
50 ppm
- ■onane 11 2.: _ T'N'A 1050 mg /m3
STE_ 1300 mg /m3
, _ EEL FUELS CPHMOX0000
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Mexico. Occupational Exposure Lirnit Values
Components Type Value
-- - -- TWA, 200 ppm
STE_ 250 ppm
Dotane (Ali iscmerst TWA 1450 mg /m3
i? -65 -9)
STEL 1800 mg /m3
TWA 300 ppm
STEL 375 ppm
E ;; sneering controls Provice adequate general and local exhaust ventilation. Use process enclosures, local exhaust
ventilation, or other engineering controls to control airborne levels below recommended exposure
limits. Use explosion -proof equipment.
rsonal protective equipment
Eye / face protector Wear safety glasses 4 splasn potential exists, wear full face shield or chemical goggles.
Sk.n protection Wear chemical - resistant, impervious gloves. Full body suit and boots are recommended when
handling large volumes or in emergency situations. Flame retardant protective clothing is
recommended.
Respiratory protection Use a properly fit air-purifying or av -fed respirator complying with an approved standard if a
risk assessment indicates this is necessary. Respirator selection must be based on known or
anticipated exposure levels, the hazards of the product and the safe working limits of the selected
respirator. If work.p'ace exposure limits for product or components are exceeded, NIOSH
approved equipment should be worn. Proper respirator selection should be determined by
adequately trained personnel, based on the contaminants, the degree of potential exposure and
published respiratory protection factors. This equipment should be available for nonroutine and
emergency use.
General hygiene Consult supervisor for special handling instructions. Avoid contact with eyes. Avoid contact with
considerations skin. Keep away from food and drink. Wash hands before breaks and imrnediately after handling
the product. Provide eyewash station and safety shower. Handle in accordance with good
industrial hygiene and safety practice.
9 Physical 8. Chemical Properties
A tl.earance Liquid (may be dyed rea).
o(1 Clear `[raw.
O d54 Kerosene (strong)
0 inr threshold Not available
P r, sical state Liquid,
Finn Liquid
p 1 Not available.
M cling point Not available.
F razzing point -60.1 'F ( -51.15 'C) Estimated
5 Hung point 325 - 700 °F(162.78 - 371.11 °C)
F a .8 point = 107 'F (), 37.8 °C) Closed Cup
E ra poration rate 0.02
F a nmability lirnits in air, upper, 8 %
°A ty volume
Fa nrnabihty limits in al Mower, 0 4
1 is y volume
0 o
or pressure = 1 rum Hy (20
1 ,r1 or density 3 (Air v 1)
5 _E cific gravity' 0.82 0.87 (60°F)
Solubility (water) Not aoailahle.
Partitioncoefficient Not available.
(ex
A� o-ignRion tern perituwe 495 (257.2 L)
L empositiontemperature Not available.
0 '. csity 2 - 4 e, mm' /s
JL_FUELS CFHNSCSNA
-. Version if 92 Oe;ison dale: 00 -11 -2011 Print date 08 -11 -2011 6 / 11
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<. 6. 3.J:: 1 Time Li F'•] Toy @ 126)4326564 760 -268 -4500 Pager 008
1 Chemical Stability & Reactivity Information.
C mical stability Stable under normal temperature conditions and recommended use.
CD , ditions to avoid Heat, flames ant sparks. Ignition sources. Contact with incompatible materials. Do not pressurize,
cut, s \eld, braze, solder. drill, grind or expose empty containers to heat, flame, sparks, static
electricity, or other sources of ignition they may explode and cause injury or death.
Ir c: 7mpatible materials Strong oxidizing agents
F _i •ardous decomposition Carboa, oxides. Sulfur oxides. Nitrogen oxides (N0x) Hydrocarbons. Hydrogen sulfide.
p ducts
F::,sibility of hozardcuu Hazardous polymerization does not occur.
r o n s
1 1 Toxicological Information
T ecological data
C o nponents Test Results
0 01 rr e (All isomers) 1)1150-9) Acute Inhalation LC50 Rat 118 mg /I 4 Hours
r ' J':eoe 01`1004 -2 Acute Inhalation LC50 Rat 3200 mg /I4 Hours
eptane (142.82-5) Acute Inhalation LC50 Rat 103 mg /I 4 Hours
'rihalere (91 -20 -3 Acute Dermal LD50 Rabbit: > 2 g /kg
Acute Oral LD50 Rat. 490 mg /kg
1 to effects Harrrrt,il if inhaled, absorbed through skin, or swallowed Harmful may cause lung damage if
swallowed Irritating to eyes, respiratory system and skin. In high concentrations, vapors and
spray mists are narcotic and may cause headache, fatigue, dizziness and nausea. Hydrogen
sulfide, a highly toxic gas, may be present. Signs and symptoms of overexposure to hydrogen
sulfide include respiratory and eye irritation, dizziness, nausea, coughing, a sensation of dryness
and pain in the nose, and loss of consciousness. Odor does not provide a reliable indicator of the
presence of hazardous levels in the atmosphere.
L ial effects
LIS ACGIH Thresuc.d Limit Values Skin designation
Fue s, d ;esel Cv)S 68334 -30 -5) Can be absorbed through the skin.
Naphtralene '2,5 91 -20 -3) Can be absorbed through the skin
n- Hexane (0e-51119-54-3) Can be absorbed through the skin.
e ,sitization This substance may have a potential for sensitization which may provoke an allergic reaction
among sensitive Individuals.
( is on effects. Contains organ solvents which in case of overexposure may depress the central nervous system
taus rig dizziness and intoxication. Repeated exposure to naphthalene may cause cataracts,
allero c skin rashes destruction of red blood cells, and anemia, jaundice, kidney and liver
damage. Danger of serious damage to health by prolonged exposure. Prolonged or repeated
overexposure may cause central nervous system, kidney, liver, and lung damage.
;chronic effects Liver and k.dne, darnage may occur after prolonged and repeated exposure.
C .ro nogeniciti Deese +exhaust has been reported to be an occupational hazard due to NIOSH - reported potential
carcinogenic properties
ACGIH Carcinogen;
Fuels, liesel :9,5 08334 -30 -5) A3 Confirmed animal carcinogen with unknown relevance to
humans.
Naphti alone C t,S 91 -20 -3) A4 Not classifiable as a human carcinogen.
IARC Monographs. Overall Evaluation of Carcinogenicity
Nap'ntralere =5 91 -20 -3) 28 Possibly carcinogenic to humans
US NTP Report en •1srcinogens: Anticipated carcinogen
Naphlr;aler e - ".5 91 -20 -3) Anticipated carcinogen.
demioiegy Studies have shown a risk of spontaneous abortions in women exposed to high concentrations of
crease solvents, dteurg pregnancy. °re- existing skit conditions including dermatitis might be
aggravated by exooscre to this product.
I t ecnclty No component of this product present at levels greater than or equa'I to 0.1% is identified as a
nutslen by CSFA
FUELS r +msosr;,�
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N u rological effects Chronic exposure to nigh concentrations of various hydrocarbon blends may lead to
polyneuropathy (peripheral nerve damage), characterized by progressive weakness and
numbness in the extremities, loss of deep tendon reflexes and reduction of motor nerve
conduction velocity Numerous cases of polyneuritis have been reported following prolonged
expos.:res to a petroleum traction containing various isomers of heptane as major ingredients
May cause central nervous system disorder (e g. narcosis involving a loss of coordination,
weakness fatigue) and /or damage.
R p roductive effects Napthalene interferes with embryo development in experimental animals at dose levels that cause
maternal toxicity In humans, excessive exposure to this agent may cause hemolytic anemia in the
mother and fetus
T. if togenicity The components of this product are not reported to cause teratogenic effects in humans. Based
on best current information, there is no known teratogenicity associated with this product.
F.1 nor information Symptoms may be delayed.
Ecological information
E 11OxICOIogICal data
C r ponents Test Results
• (")10-(T.4 31 LC50 Fathead minnow (Pimephales promelas): 2.101 - 2.981
mgil 96 hours
r i plane (` 42- 32 -5; LC50 Mozambique tilapia (Tilapia mossambica): 375 mg /I 96
hours
N i_ ttialene (91 20 -3) EC50 Water flea (Daphnia magna): 1.09 - 3.4 mg /I 48 hours
L.C50 Rainbow trout,donaldson trout (Oncorhynchus mykiss)
0.91 - 2.82 mg /l 96 hours
o:oxicity Contains a substance which causes risk of hazardous effects to the environment.
E , ronmental effects The product contains a substance which is toxic to aquatic organisms and which may cause
long -term adverse effects in the aquatic environment
• atic toxicity Toxic to aquatic e,raanisms. May cause long -term adverse effects in the aquatic environment
P, r istence and Not available
d� ('adability
B o iccumulation 1 Nc data available
A emulation
P-
won coefficient Net ac aila01e
Ir -e ctanollw aterl
(1 )l airy in environmental No data available
m 71 :19
1 Disposal Considerations
r10 3, to codes 0001 Waste Flammable material with a flash point <140 °F
D s rosal instructions Dispose in accordance with all applicable regulations- Dispose of this material and 8s container to
hazardous or sp_aa waste collection point. Incinerate the material under controlled conditions in
an aperoved incinerator Do not allow this material to drain into sewers/water supplies. Do not
contaminate ponds. or ditches with chemical or used container
1 Transport Information
Basic shipping requ.rernents:
Uri. number NAl2i2
P shipping rnarie Diese fuel
Hazard class Comb,,stible L Klein
acking group
...3bels required ComLustible liqu 8
:Additional inform an 771
Special provisions 144, 01, IB3, T2 3( 1
Packaging exc00110 15 150
Packaging non bulk 203
Packaging uulk 242
1. FU:='_ E c rn;osr.;
dersien 11 02 ke,:r•,ln 0818: 08.11 -2011 Print date 08 -11 -2011 8 / 11
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r+,
Basic shipping requirements:
ON number 1202
Proper shipping name Diesel fuel
Hazard class 3
Packing group III
Additional information:
ER3 code 3L
IPo'03
Basic shipping requirements:
UN number 1202
Proper shipping name Diesel fuel
Hazard class 3
Packing group 10
ErnS No. F -E, S -E
if ?-
Basic shipping requirements:
Proper shipping name Diesel fuel
Hazard class 3
UN number UN1202
Packing group
11. Regulatory Information
U >
ederal regulations.
TSCA Section 12(0) Export Notification(40 CFR 707, Subpt. D)
NAPrff-- IALEI: E (CAS 91 -20-3) 0.1 % One -Time Export Notification only.
N- HEPTANE (CAS 142 -82 -5) 1.0 % One -Time Export Notification only.
NONANE (CA 11 -84-2) 1.0 % One -Time Export Notification only.
US CAA Section 112 Hazardous Air Pollutants (HAPs) List
HEXANE (N -HE) ANE) (CAS 110-54-3)
NAPHTHALENE (CAS 91 -20-3)
US EPCRA (SARA Tale 111) Section 313 - Toxic Chemical: De minimis concentration
Nephtha:ene (:;0S 91 -20 -3) 0.1 %
n- Hexane (0415 10 -54 -3) 1.0 %
US EPCRA (SARA T tie III) Section 313 - Toxic Chemical: Listed substance
Naphthalene (0/ 5 91 -20 -3) Listed
n- Hexane (043 -3) Listed.
C =3ICLA (Superfund) reportable quantity (Ibs) (40 CFR 302.4)
n- N1 onane 100
Octane (_Ail isomers, 100
Hexane (Othe isaners 100
Naphthalene 100
n- Heptane 100
n- Hexane 1000
Sx71.ertund Amendments and Reauthorization Act of 1986 (SARA)
Hazard categories; Immediate Hazad - Yes
Delayed Hazard - No
Fire Hazard - Yes
Pressure Hazard - No
Reactivity Hazard - No
Section 302 extremely No
hazardous substerice (40
CRF 355, Appendix 4)
Section 31'1 (40 CFR No
370)
C n. g Enforcement Not controlled
P:1 ninistration (DEA (21 CFR
1 33 8 11 -15)
V"- M65 status Controlled
EL FUELS cPrimsosna
•
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9 H vlls classification B3 - Flammable /Combustible
• 10 - Other Toxic EffectsTOXIO
V rf11IS labeling
409 ET)
Ir vintory status
Country(s) or regl on Inventory name On inventory (yes/no)'
Australia Australian Inventory of Chemical Substances (AICS) Yes
Canada Domestic Substances List (DSL) Yes
Canada Non- Domestic Substances List (NDSL) No
26 na Inventory of Existing Chemical Substances in China (IECSC) Yes
ran ode European Inventory of Existing Commercial Chemical Yes
Substances (EINECS)
Liu rope European List of Notified Chemical Substances (ELINCS) No
)mean Inventory of Existing and New Chemical Substances (ENCS) No
Korea Existing Chemicals List (ECL) Yes
New Zealand New Zealand Inventory Yes
Philippines Philippine Inventory of Chemicals and Chemical Substances Yes
(PICCS)
United States & P.ier.o Rico Toxic Substances Control Act (TSCA) Inventory Yes
"Yes" indicates that all components of his product comply with the inventory requirements administered by the governing country(s)
Stine regulations
US - California Hazardous Substances (Directors): Listed substance
Hexane (Other isomers) (CAS 96 -14 -0) Listed.
Naphthalene - CAS 91 -20 -3) Listed.
n- Heptane (CyS 142 -82 -5) Listed.
n- Hexane (C / -54 -3) Listed.
n- Nonane (CABS 111 -84 -2) Listed.
Octane (All isi:rrxis) (CAS 111 -65 -9) Listed.
US - California Proposition 65 - Carcinogens & Reproductive Toxicity (CRT): Listed substance
Benzene (CAS I1 -43 -2) Listed.
Toluene (CAS - I :l8 -88-3) Listed.
LIS - California Proposition 65 - CR',T: Listed datelCarcinogenic substance
Benzene (0A3 1 -43 -2) Listed: February27, 1987 Carcinogenic.
US- California Proposition 65- CRT: Listed date /Developmental toxin
Benzene (GAS 1 -43 -2) Listed: December 26, 1997 Developmental toxin.
Toluene (CA` 1 )8 -88 -3) Listed: January 1, 1991 Developmental toxin.
US - California Proposition 65 - CRT: Listed datelFemale reproductive toxin
Toluene (GAF. 1 )3 -88 -3) Listed: August 7, 2009 Female reproductive toxin.
US - California °reposition 65 - CRT: Listed date /Male reproductive toxin
Benzene (CPS 1 -43 -2) Listed: December 26, 1997 Male reproductive toxin.
US- Massachusetts RTK - Substance: Listed substance
Hexane (Other isomers) (CAS 95 -14-0) Listed.
Naphthaiere )8) 91-20-3) Listed.
n- Heptane (CA 142 -82 -5) Listed
n Hexane (C-iS 110 - 54 - 3) Listed.
n- Nona +ne (9- 111 -84 -2) Listed
Octane (All try ;mess) (CAS 111 65-9) Listed
U5- New..ersey Community RTK (EHS Survey): Reportable threshold
Naphthalene i9 91 - - 500 LBS
n- Hexane (L)i)1 110 -54 -3) 500 LBS
US - New Jersey RTK - Substances: Listed substance
Naphtha 19;S 91 -20 -3) Listed.
n Heptane (CAS 142-82 -5) Listed.
n-Hexane (0AS110 -54 -3) Listed.
n -Non ane iC35 111 -84 -2) Listed.
SEt- FUELS cPnensos NA
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Octane (All isgme's) (CAS 111 -65 -9) Listed.
JS - Pennsylvania R 1f K, - Hazardous Substances- fisted substance
Fuels, diesel (CAS 68334 "30 -5) Listed.
Hexane (Other isomers) (CAS 96-14-0) Listed.
Naphthalene (CAS 91 -20 -3) Listed.
n- Heptane (C1 '142 -82 -5) Listed
n- Hexane (CAS 110 -54 -3) Listed
n- Nonare (CA.S 111 - .84 - 2) Listed.
Octane to I isomers) (CAS 111 -65 -9) Listed
1b Other Information
Fr. r nor information HMIS® is a registered trade and service mark of the NPCA.
0'Yr r information Note. This Material Safety Data Sheet applies to the listed products and synonym descriptions for
Hazard Communication purposes only. Technical Specifications vary greatly depending on the
products and are not reflected in this document. Consult specification sheets for technical
information.
H /I Sw0 ratings Health 2*
Flammability. 2
Physical hazard 0
VI: A ratings Health. 1
Flammability 2
Instabilty: 0
Cs. aaimer This Material Safety Data Sheet (MSDS) was prepared in accordance with 29 CFR 1910.1200 by
Valero Marketing & Supply Co., ( "VALERO "). VALERO does not assume any liability arising out of
product use by others The information, recommendations, and suggestions presented in this
MSDS are based upon test results and data believed to be reliable. The end user of the product
has the responsibility for evaluating the adequacy of the data under the conditions of use,
determining the safety, toxicity and suitability of the product under these conditions, and obtaining
additional or clarifying information where uncertainty exists. No guarantee expressed or implied is
made as to the effects of such use , the results to be obtained, or the safety and toxicity of the
product in any specific application. Furthermore, the information herein is not represented as
absolutely complete, since it is not practicable to provide all the scientific and study information in
the format of this document, plus additional information may be necessary under exceptional
conditions of use, or because of applicable laws or government regulations.
s re date 08- 11-2011
Ei - FUELS --- - -- r ed MSriS r:
1 Verson #. 02 Re,son date: 08-11 -2011 Print date: 08 -11 -2011 11 /11
epnre0 Cy 38-
EXHIBIT "C"
FEDERAL CLAUSES
'fable of Contents
1. i)rug and Alcohol Testing
?. 1'lv America Requirements
1. liuy America Requirements
1. Charter Bus and School Bus Requirements
5. Cargo Preference Requirements
6. e.is Safety Requirements
7 t:nergy Conservation Requirements
(dean Water Requirements
9 1 , us Testing
It1. Pre-Award and Post Delivery Audit Requirements
11. 1 bbying
Access to Records and Reports
3. F ederal Changes
14. E unding Requirements
15. 11. 'lean Air
i 6. Recycled Products
17. L )avis - Bacon Act
18. Contract Work Homy and Safety Standards Act
19. Copeland Anti - Kickback Act
20. `le Government Obligation to Third Parties
rogram Fraud and False or Fraudulent Statements and Related Acts
22. 'termination
23. 1 overnment -wide Debarment and Suspension (Non - procurement)
24. Privacy Act
25
Civil Rights Requirements
26. B reaches and Dispute Resolution
Patent and Rights in Data
28. I ransit Employee Protective Agreements
Z9 1'isadvantaged Business Enterprises (DBE)
=.0
.gate and Local Law Disclaimer
1. h corporation of Federal Transit Administration (FTA) Terms
Bidders are strongly advised to read and adhere to all signature and contractual
requirements. Requirements are specifically outlined within this Contract
Agreement. IIDilure to comply with all requirements could result in the bid being
rejected as non.- responsive.
Federally Required and other Model Contract Clauses 2
D1' UCl Ai NI ALCOHOL TESTING
49 U.S.0 A53', 1
49 CFR Parts n51 1 and 654
Applicability to contracts
- file Drug and :Alcohol testing provisions apply to Operational Service Contracts.
Flow Do'-vn Requirements
Anyone who performs a safety- sensitive function for the City of Port Arthur or subrecipient is
required to comply with 49 CFR 653 and 654, unless the contract is for maintenance services.
Maintentince contractors for non - urbanized area formula program grantees are not subject to
that rules. Also the rules do not apply to maintenance subcontractors.
Model Clause ' f anguage
Introducti
ETA's drug and alcohol rules, 49 CFR 653 and 654, respectively, are unique among the
regulations issued by FTA. First, they require the City of Port Arthur to ensure that any entity
performing 0 sai ety- sensitive function on the City of Port Arthur's behalf (usually subrecipients
and /or contractors) implement a complex drug and alcohol testing program that complies with
Parts 653 and +51. Second, the rules condition the receipt of certain kinds of FTA funding on the
(1: ty ofPort Arth compliance with the rules; thus, the City of Port Arthur is not in
oniphance wi t'.:' the rules unless every entity that performs a safety- sensitive function on the
City of Port Artl -ur's behalf is in compliance with the rules. Third, the rules do not specify how
a Cite of Port \rthur ensures that its subrecipients and /or contractors comply with them.
I ug and Alcohol Testing
1' he contractor a:;rees to establish and implement a drug and alcohol testing program that
caurplies with 49 CFR Parts 653 and 654, produce any documentation necessary to establish its
compliance w ;th Parts 653 and 654, and permit any authorized representative of the United
States Department of Transportation its operating administrations, the State Oversight
Agency ef'Texas, or the City of Port Arthur, to inspect the facilities and records associated with
tyre implementation of the drug and alcohol testing program as required under 49 CFR Parts 653
and 654 and review the testing process. The contractor agrees further to certify annually its
eamplian :e with Parts 653 and 654 before (insert date) and to submit the Management
h iforrnatiu:n a' seem (MIS) reports before (insert date before March 15) to (insert title and
address cf perso °:i responsible for receiving information). To certify compliance the contractor
.Nall use tl'.c• ''llu!sstance Abuse Certifications" in the "Annual List of Certifications and
\ssuranccs for re,.teral Transit Administration Grants and Cooperative Agreements," which is
Published aruauellv in the Federal Register. The Contractor agrees further to [Select a, h, or c] (a)
-titian before (insert date or upon request) 0 copy of the Policy Statement developed to
implement its tit u,g and alcohol testing program; OR (b) adopt (insert title: of the Policy
Statement the rota pient wishes the contractor to use) as its policy statement as required under 49
CFR 653 and 651; OR (c) submit for review and approval before (insert date or upon request) a
copy of its Poi Lcc Statement developed to implement its drug and alcohol testing program. In
addition, the co ts tractor agre°ss to: (to be determined by the recipient, but may address areas
such as the sole ( lieu of the certified laboratory, substance abuse professional, or Medical
Review Office : n' the use of a consortium).
Federally Required and other Model Contract Clauses 3
2. FLY rANILRICA REQUIREMENTS
19 USG t; -10 10
1 "1 CFR hart 3 11 -10
Applicability to Contracts
'Fite Fly \Huai mil requirements apply to the transportation of persons or property, by air,
between a ph;cc m the U.S. and a place outside the U.S., or between places outside the U.S.,
when the FTA will participate in the costs of such air transportation. Transportation on a
foreign air carrier is permissible when provided by a foreign air carrier under a code share
agreement when the ticket identifies the U.S. air carrier's designator code and flight number.
Transportation by a foreign air carrier is also permissible if there is a bilateral or multilateral air
transportation agreement to which the U.S. Government and a foreign government are parties
and which the Federal DOT has determined meets the requirements of the Fly America Act.
Flow Down Riiijuirements
'11 Fly rA meric t requirements flow down from FTA recipients and subrecipients to first tier
ontrar_tors, c h, are responsible for ensuring that lower tier contractors and subcontractors are
in compliance
", edel t iausc'Language
The relev ,ant statutes and regulations do not mandate any specified clause or language. FTA
proposes the following language.
Fly America Pei uirements - The Contractor agrees to comply with 49 USC § 40118 (the "FIy
America" Act; i.1 accordance with the General Services Administration's regulations at 41 CFR
I'art 301 -10, s■ hih provide that recipients and subrecipients of Federal funds and their
contractors ariiitquired to use U.S. Flag air carriers for US. Government- financed international
air travel and transportation of their personal effects or property, to the extent such service is
vailable, unless, travel by foreign air carrier is a matter of necessity, as defined by the FIy
America Act. 1 be Contractor shall submit, if a foreign air carrier was used, an appropriate
certiftcat r,en ur i iemorand.um adequately explaining why service by a U.S. flag air carrier was
pot availahlt , n why it was necessary to use a foreign air carrier and shall, in any event, provide
arid ic ate r.1 1 nnphance with the Fly America requirements. The Contractor agrees to include
0)1. requrrcmc:rts 1)1 this section in all subcontracts that may involve international air
L-anspurtatint.,
3. BUY :AMFRICA REQUII•:EMENTS
19 USC fi 5320(j)
49 CFR Fart be'
Applicability :u Contracts
The Env ,America requirements apply to the following types of contacts: Construction
Contracts rind ticquisition. of Goods or Rolling Stock (valued at more than $100,000).
Flow 1)o wa
1 he hey Amen, it requirements flow down from FIFA recipients and subrecipients to first tier
cut r,ictc,Ts. r. -!,c ire responsible for c- Inuring that lower tier contractors and subcontractors are
;onplance
Federally Required and other Model Contract Clauses 4
ivlandatory Clans'/ Language
The Buy :vm(‘rc a regulation, at 49 CFR § 661.13, requires notification of the Buy America
requiren to FTA- funded contracts, but does not specify the language to be used. The
lollowing language has been developed by FTA.
13uy America The contractor agrees to comply with 49 USC § 53230) and 49 CFR Part 661,
which provide that Federal funds rnay not be obligated unless steel, iron, and manufactured
p oducts used in PTA- funded projects are produced in the United States, unless a waiver has
been granted h y LTA or the product is subject to a general waiver. General waivers are listed in
19 CPR § 661.7 , ;rnd include final assembly in the United States for 15 passenger vans and 15
passenger wagons produced by Chrysler Corporation, microcomputer equipment, software,
and small purchases (currently less titan $100,000) made with capital, operating, or planting
f wads. Scparutc requirements for rolling stock are set out at 5323(j)(2)(C) and 49 CFR § 661.11.
Rolling stock not subject to a general waiver must he manufactured in the United States and
have a 60 turn or.1 domestic content.
A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification
(below) with all bids on FTA - funded contracts, except those subject to a general waiver. Bids or
offers that are not accompanied by a completed Buy America certification must be rejected as
non -resp :msive. This requirement does not apply to lower tier subcontractors.
Certification r q ai rement for procurement of steel, iron, or manufactured products.
Ccn'tijrcntr of Cu)npfiunce with 49 USC § 5323(j)(1)
The bidd pr ur i'f: eror hereby certifies that it will meet the requirements of 49 USC § 5323(j) (1)
•
and the applicatle regulations in 49 CFR_ Part 661.
[ 12'26/201
*Liam rt. I(I ;t .4f
l nn 1) 1 ri ' rant,_ Petroleum Traders Corporation
1 it le Lirde S :c.prl_,rs, Vice President
('erlijknte of 6, Hi Compliance with 49 USC 9 5323(f)(1)
the bidder or , eror hereby Cerl ifies that it cannot comply with the requirements of 49 USC §
3323(j91). but :t -stay qualify for an exception pursuant to 49 USC § 5323(j)(2)(B) or (j)(2)(D) and
he regulations r : 19 CFR 9 661.7.
Bate
- ignatun
ompam Jam — - - -.. —
Federally Required and other Model Contract Clauses
Mitre ITB: Ultra Low Sulfur Diesel Fuel
Certification r< ci airement for procurement of buses, other rolling stock and associated
equipnw 0.
crtiJicntc of G ;rtpliance with 49 USC § 5323(j)(2)(C).
The bidder or of feror hereby certifies that it will comply with the requirements of 49 USC §
33230)(2)(C) ani the regulations at49 CFR Part 661.
Date 12/26/2012
L'c,11ipdn, [Vr - Petroleum Traders Corporation
1 itle Linda Stephens, Vice President
Certificate of 1\ wt Compliance Frith 49 USC § 5323(J)(2)(C)
The bidder or r:iB hereby certifies that 0 cannot comply with the requirements of 49 USC §
5323(j)(2)(C), but may qualify for an exception pursuant to 49 USC § 5323tj)(2)(B) or (j)(2)(D) and
the regulations in 19 CFR § 661.7.
Date
:iignatun
C ompany 'Name -
1 :le
1 CHAI:;iE1 BUS REQUIREMENT`
49 USC § 5323rd
19 CFR Part 61;4
Applicability /1 Contracts
the Charter B,is requirements apply to the following type of contract: Operational Service
Contract:,
Clow Down R e y irernents
Che Charter this requirements flow d+nvn from FTA recipients and subrecipients to first tier
;ervic0 contra: ct r .
\l 3;: 1 anguage
rclev -u:t 4.0 Liles and regulations de not mandate any specific clause or language. The
Iol !an 4 has been developed by I'A.
Pederally Required and other Model Contract Clauses 6
Charter ' ery r,_e Operations - The contractor agrees to comply with 49 USC § 5323(d) and 49 CFR
'art 604, which provides that recipients and subrecipients of FTA assistance are prohibited from
providing charter service using federally funded equipment or facilities if there is at least one
private charter operator willing and able to provide the service, except under one of the
exceptions at 4; CFR § 604.9. Any charter service provided under one of the except must be
"incidental," i.e. it must not interfere with or detract from the provision of mass transportation.
SC11000 11`16 REQUIRI:MENTO
19 USC § 5321(1 )
CO K Part 6!
k.ppilc d'lity to Coontracts
he School requirements apply to the following type of contract: Operational Service
ontract..
Plow Down Requirements
The Scheol Bus requirements flow down from FTA recipients and subrecipients to first tier
service Contract) rs.
Nlodel Clause-/ Language
he relevant sL6utes and regulations do not marinate any specific clause or language. The
following clause, has been developed by PTA.
School 11us Opel ations - Pursuant to 60 USC § 5323(f) and 49 CFR Part 605, recipients and
subrecipients i_ t FI A assistance may not engage in school bus operations exclusively for the
transportation c f students and school personnel in competition with private school bus
operators unless qualified under specified exemptions. When operating exclusive school bus
service under ,u allowable exemption, recipients and subrecipients may :not use federally
funded equip xuint, vehicles, or facilities.
6. CARD 0 1 i?FERENCE 1:/EQUIREEMENTS
46 USC § 1241
46 CFR Part 3'1.11
Applicability to Contracts
The Cary,o Preference requirements apply to all contracts involving equipment, materials, or
commodities that may he transported by ocean vessels.
Flow tau,, n
Die Cargo Frei evence requirements apply to all subcontracts when the subcontract may be
involved ti.r transport of equipment, material, or commodities by ocean vessel.
Model Clause / Language
I lte SIARRA' i ne,tulations at 46 CFR t 3111.7 contain suggested contract clauses. The following
Lrnt'ual;c: is p_ cIlcred by FTA.
Federally Required and other Model Contract Clauses 7
Cargo Preference - Use of United States -Flag Vessels - The contractor agrees: a. to use privately
owned United States -Flag, commercial vessels to ship at least 50 percent of the gross tonnage
(computed- separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever
shipping any equipment, material, or commodities pursuant to the underlying contract to the
extent such vessels are available at fair and reasonable rates for United States -Flag commercial
vessels, b. to furnish within 20 working days following the date of loading for shipments
originating wiithin the United States or within 30 working days following the date of leading for
shipments originating outside the United States, a legible copy of a rated, "on- board"
commercial 0C bill-of - lading in English for each shipment of cargo described in the
p-ecedinp, pai p rrph to the Division of National Cargo, Office of Market Development,
Maritimci Administration, Washington, DC 20590 and to the FTA recipient (through the
contractor in the case of a subcontractor's bill -of- lading.) c. to include these requirements in all
subcontri+cts i SS red pursuant to this contract when the subcontract may involve the transport of
equipment, material, or commodities by ocean vessel.
2. SEISMIC SAFETY REQUIREMENTS
42 USC § 7701 cat seq. 49
CIK Part 41
Applicahnity to Contracts
11e Seismic 5,.l etv requirements apply only to contracts for the construction of new buildings
cir additions to existing buildings.
Flow Down
The Seismic S,ifety requirements flow down from FTA recipients and subrecipients to first tier
contractors to assure compliance, with the applicable building standards for Seismic Safety,
including; the work performed by all subcontractors.
Model Clauses/ Language
The regulations io not provide suggested language for third -party contract clauses. The
following lan1 urge has been developed by FTA.
Seismic Safety - I'he contractor agrees that any new building or addition to an existing building
will be .io si piad and constructed in accordance with the standards for Seismic_ Safety required
in Depart mere: f Transportation Seismic Safety Regulations 49 CFR Part 41 and will certify to
compliance to the extent required by the regulation. The contractor also agrees to ensure that all
work performed under this contract including work performed by a subcontractor is in
compliance wilt the standards required by the Seismic Safety Regulations and the certification
et compliance issued on the project.
ENERGY i.-(.■NSERVA.TIDN REQUIREMENTS
USC ti 6324 al seq.
19 CFR P.rrt i
,� � � ontracts
he I:ner,','' Ci,o rvalion requiremerits are applicable to all contracts.
Federally Required and other Model Contract Clauses 8
Flaw Down
the Energy Corr,ervation requirements extend to all third party contractors and their contracts
at every tier and subrecipients and their subagreements at every tier.
!Model Clause.. Language
No clause is recommended in the regulations because the Energy Conservation
requirements a:c so dependent on the state energy conservation plan. The following language
has been developed by FTA.
nergy Cense: c,tt.ion - The contractor agrees to comply with mandatory standards and policies
relating to energy efficiency ,.vhich are contained in the state energy conservation plan issued in
_:omplian. c w! 1h the Energy Policy and Conservation Act.
9. CLEAN WA LER REQUIREMENTS
33 USC § 1251
Applicability to Contracts
the Clean Water requirements apply to each contract and subcontract which exceeds $100,000.
Flow Down
the Clean Water requirements flow down to F'PA recipients and subrecipients at every tier.
Model Clause,' 1. mguage
3A'hlle 00 manda,aery clause is contained in the Pederal Water Pollution Control Act, as
nnended. the t t.11ewing language developed by FTA contains all the mandatory requirements.
lean Water - i l ; The Contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 USC §
1251 et seq. The Contractor agrees to report each violation to the Purchaser and understands
and agrees that the Purchaser will, in turn, report each violation as required to assure
notification to hI A and the appropriate EPA Regional Office.
I I) The Contrartt Ir also agree to include these requirements in each subcontract exceeding
$100,000 lina in whole or in part with Federal assistance provided by FTA..
10. BUS' TESIINE
�i USC § 5393,
19 CF11 Part 6r
p pi:cability t :elttraets
fho BUS '1ottr ,T e5uireme.nts pertain only to the acquisition of Rolling Stock /'Turnkey.
Flow DoV;rr
I }line 1 estir.:, tequirements should not flow down, except to the turnkey contractor as stated
n Master .'.gr eicient.
It del anise 1 uhguage
Federally Required and other Model Contract Clauses 9
Clause and tai, g uage therein are merely suggested. 49 CFR fart 665 does not contain specific
language to be included in third party contracts but does contain requirements applicable to
ubrecipients and third part's: contractors. Bus Testing Certification and language therein are
merely suggested.
Bus testing - i .ire Contractor [Manufacturer] agrees to comply with 49 USC § A 5323(c) and
FTA's A's implen,er,ting regulation at 49 CFR. Part 665 and shall perform the following:
I) A unanufact er of a new bus model or a bus produced with a major change in components
or configu:ratiori shall provide a copy of the final test report to the recipient at a point in the
procurement process specified by the recipient which will be prior to the recipient's final
acceptance of the first vehicle.
') A n who releases a report under paragraph 1 above shall provide notice to the
operator of tbo testing facility that the report is available to the public.
3) If the inanufa: turer represents that the vehicle was previously tested, the vehicle being sold
should have the identical configuration and major components as the vehicle in the test report,
which must b. t trovided to the recipient prior to recipient's final acceptance of the first vehicle.
if the contigui ition or components ai•e not identical, the manufacturer shall provide a
description of the change and the manufacturer's basis for concluding that it is not a major
i bulge not"Mimi, additional testing.
.1) If the manufu turer represents that the vehicle is "grandfathered" (has been used in mass
transit service ii the United States before October 1, 1988, and is currently being produced
without a major change in configuration or components), the manufacturer shall provide the
name and adr:ns s of the recipient of such a vehicle and the details of that: vehicle's
configuration a i-d major components.
CERTIFIC ATIO `1 OF COMPLIANCE 1 VITH FTA's BUS TESTING REQUIREMENTS
The undersigned [Contractor / Manufacturer] certifies that the vehicle offered in this
procurement nplies with 49 USC A 5323(c) and FTA's implementing regulation at 49 CFR
Part 665.
lie undersigreiI understands that misrepresenting the testing status of a vehicle acquired with
Federal I Irian, sal assistance may subject the undersigned to civil penalties as outlined in the
I )rpartnicnt of ransportation's regulation on Program Fraud Civil Remedies, 49 CFR fart 31.
In addition, t!.e :.ndersigned understands that ETA may suspend or debar a manufacturer
under tbt r prc, :e lures in 49 CFR Part 2Si.
IT,ite
Oj oieturi
lmnani'
t LIB:
Federally Required and other Modcl Contract Clauses 10
11 PRE -A4VA AND POST DELIVERY AUDITS REQUIREMENTS
19 USC. 5 532;
49 CFR Part Fii,5
pplicabilil� , o Contracts
These require:nn nts apply only to the acquisition of Roiling Stock /Turnkey.
Flow Down
These requirenx nts should not flow down, except to the turnkey contractor as stated in Master
Agreement.
Model Clause i t anguage
• Clause and lulguage therein are merely suggested. 49 CFR Part 663 does riot contain
specific language to be included in third party contracts but does contain requirements
appli:able subrecipients and third party contractors.
• Buy Aineric., certification is mandated under FTA regulation, "Pre -Award and Post -
Delivery : ^,r:Tilts of Rolling Stock Purchases," 49 CFR 5 663.13.
• Specific uage for the Buy America certification is mandated by FTA regulation,
"buy America 11 quirements -- Surface Transportation Assistance Act of 1982, as amended,"
49 CFR fi 661. i 2 but has been modified to include FTA's Buy America requirements codified at
49 USC 5 r\ 3 7.2?(j)..
Pre - Award and Post- Delivery Audit Requirements - The Contractor agrees to comply with 49
USC 6
5323(1) ,rid FTA's implementing regulation at 49 CFR Part 663 and to submit the
follow :0 cert. 13 ,a dons:
( I) Buy Amer Requirements: The Contractor shall complete and submit a declaration
ertify'nh r'itlas compliance or noncompliance with Buy America. If the Bidder /Offeror certifies
compliance w itV Buy America, it shall submit documentation which lists 1) component and
subcornp men _ I of the rolling stool: to be purchased identified by manufacturer of the
parts, their co.n:tiy of origin and costs; and 2) the location of the final assembly point for the
rolling stack, i:s hiding a description of the activities that will take place at the final assembly
point and the t r,t of final assembly.
(2) Solicitatas Specification Requirements: The Contractor shall submit evidence that it will be
capable r f me Tint the bid specifications.
(3) Federal VT it( r Vehicle Safety Standards (FN1VSS): The Contractor shall submit 1)
cianufac'.urot ; liMVSS self - certification sticker information that the vehicle complies with
relevant itLvI ',H or 2) manufacturer's certified statement that the contracted buses will not be
subject tr I hi tiO regulations,
ItL;Y AM 'C:111RTIFICA OF C O\il'LIANCE WITH FTA REQUIREMENTS
Federally Required and other Model Contract Clauses 11
OCR BUSES, C. I'1 1ER ROLLING STOCK, OR ASSOCIATED EQUIPMENT
•t'0 be si6h te,l r nth a hid or offer exceeding the small purchase threshold for Federal assistance
;programs, CUM: tiy set at 8100,000 )
Co ail2 of 0 i . npliance
the bidder hereby certifies that it will comply with the requirements of 49 USC § Section
53230)(2)lC), Se, tiara 165(b)(3) of the Surface Transportation Assistance Act of 1982, as
amended, and the regulations of 49 CFR § 661.11: •
Date: 12i16/2012 jj c:
natal ! 7_IY�._a
'-:onipan} Naine Petroleum Traders Corporation
I itte: Linda Stephens, Vice President
Certificate, of ton- Compliance
the bidder bereby certifies that it cannot comply with the requirements of 49 USC § Section
332.30)(2)100) and Section 165(b)(3) of die Surface Transportation Assistance Act of 1982, as
amended, but may qualify for an exception to the requirements consistent with 49 USC §
Sections 5323(j)(:')(B) or (j)(2)(D), Sections 165(b)(2) or (b)(4) of the Surface Transportation
Assistance Act, as amended, and regulations in 49 CFR § 661.7.
Date: — — —
Signature
company Name -- — --
Tile: _ --
12. 1.C)13Ii11Ni,
)1 USC o :352
1-) CFR 0.irt
01 CFR Fart 2t i
Applicab:1ity t_' :ontracts
11t?, Lobbying rc. iuirements apply to Construction /Architectural and Engineering /Acquisition
if Rollin;°, Ste. 1, Professional Service Contract /Operational Service Contract /Turnkey
:ontmcts.
1 w Down
Federall} Required and other Model Contract Clauses 12
I be Lobi wing n quiremen.ts mandate the maximum flow down, pursuant to Byrd Anti-
ibby Mg Ada, •:...nent, 31 USC Fi 1352(b')(5) and 49 CFR Part 19, Appendix A, Section 7.
L^_"andatory C_'lat:se /Language
- Clause and specific language therein are mandated by 49 CFR Part 19, Appendix A.
Modifications have ive been made to the Clause pursuant to Section 10 of the Lobbying Disclosure
Act of 1995, PL 04 -65 [to be codified at 2 USC § 1601, et seq.]
- l obby ing Certification and Disclosure of Lobbying Activities for third party contractors are
mandated by '11 USC §1352(b)(5), as amended by Section 10 of the Lobbying 'Disclosure Act of
1995, and DC/I' implementing regulation, "New Restrictions on Lobbying," at 49 CFR § 20.110(d)
1 angua ge in i &hying Certification is mandated by 49 CFR fart 19, Appendix A, Section 7,
which pr vid. , ^.hilt contractors file the certification required by 49 CFR Part 20, Appendix A.
�4 odifieations ove been made to the Lobbying Certification pursuant to Section 10 of the
1 obby i ng Nisei, sure Act of 1995.
- Use of "Disclosure of Lobbying Activities," Standard Form -LLL set forth in Appendix B of 49
CFR Part 2d, as amended by "Government wide Guidance For New Restrictions on Lobbying,"
(1 Fed. Reg. 141 ti 1/19/96) is mandated by 49 CFR Part 20, Appendix A.
b rd Anti-Lobbying Amendment, 31 USC § 1352, as amended by the Lobbying Disclosure Act
of 1995, 5 L 10 -1E 5 [to be codified. at 2 USC § 1601, et seq.] - Contractors who apply or bid for an
a‘card of 9100.1110 or more shall file the certification required by 49 CFR Part 20, "New
Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used
federal appropriated funds to pay any person or organization for influencing or attempting to
influence an ()litter or employee of any agency, 0 member of Congress, officer or employee of
Congress. or an ,rnployee of a member of Congress in connection with obtaining any Federal
contract, ; =ran'. or any other award covered by 31 USC § 1352. Each tier shall also disclose the
name of any n'gis'.rlurt under the Lobbying Disclosure Act of 1995 who has made lobbying
contacts on its b),half with non- Federal funds with respect to that Federal contract, grant or
av aird covered 1 y 31 USC § 1352. Such disclosures are forwarded from tier to tier up to the
recipient.
A 1
,K 14 /\ -1 -t CFR Part 20-- CERTIFICATION REGARDING LOBBYING
't.'rtil f 1 Contracts, Grants, Loaurs, and Cooperative Agreements
(['n hr' sun ;>>ut oali each bid ,;r ojIhr exceeding $i 00,000)
I he undomiga [Contrac:tail certifies, to the best of his or her knowledge and belief, that:
No 1 L .Ieral aapropriated lands hay -e been paid or will be paid, by or on behalf of the
iiidoi 5(11 d ., 110 person for influencing or attempting to influence an officer or employee of
.:n age ac a 1 1, nher of Congress, an officer or employee of Congress, or an employee of a
Federally Required and other Model Contract Clauses 13
Member of E'en ;ress in connection with the awarding of any Federal contract, the making of
any Federal gnu the making of any Federal loan, the entering into of any cooperative
agreement, and die extension, continuation, renewal, amendment, or modification of any
Federal c:)ntrai t grant, loan, or cooperative agreement.
(1) If any funds .tl than. Federal appropriated funds have been paid or will be paid to any
1 ,arson for making lobbying contacts to an officer or employee of any agency, a Member of
Congress, an off icer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned
shall cornptetc and submit Standard Form - -LLL, "Disclosure Form to Report Lobbying," in
accord:rn;_e tivrth its instructions [as amended by "Government wide Guidance for New
Restrictions on Lobbying," 61 Fed. IZeg.1413 (1/19/96). Note: Language in paragraph (2) herein
has been modhfi :d in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (PL
101 -65, tee be codified at 2 USC § 1601, et serf.)]
(3) The undersi shall require that the language of this certification be included in the award
documents for all subawa rds at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is 0 material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or ente:::ing into this transaction imposed by 31, USC § 1352 (as amended by the
Lobbying Disc lesure Act of 1995). Any person who fails to file the required certification shall be
subject to a civil penalty of not less than 510,000 and not more than $100,000 for each such
failure.
[Note: Purity :a to 31 USC 5 1352(c)(J ) -(2)(A), any person who makes a prohibited expenditure
c r fails to file ,:r amend a required certification or disclosure form shall be subject to a civil
1enalty et not Less than 510,000 and rot more than $100,000 for each such expenditure or
failure.]
'etroleum Traders
The Contractor corporation _ _ certifies or affirms the truthfulness and accuracy of each
st.jtemen: if its certification and disclosure, if any. In addition, the Contractor understands and
agrees that thr 1rovisions of 31 USC t A 3801, et seq., apply to this certification and disclosure, if
any.
jBignatrue cif Contractor's Authorized Official
da stet,le,�,s, President Narne and Title of Contractor's Authorized Official
:2.26/2012 Ltate
13; A10`;SS It`I<:1:CORDS:ANN1)RFP;)RFS
USC 5 3 021
L8 CFR 5 ,18
Ci 1<_
spplicahihtr 'c Contracts
•
Federally Required and other Model Contract Clauses 14
Reference Chart "Requirements for Access to Records and Reports by Type of Contracts"
i low Down
11 A d oes nol require the inclusion of these requirements in subcontracts.
1,1odeI Clause L anguage
1'he specified language is not mandated by the statutes or regulations referenced, but the
language pro ided paraphrases the statutory or regulatory language.
:l'iccess to kiec,aros - The following access to records requirements apply to this Contract:
1. Where the Pun chaser is not a State but a local govermnent and is the FTA Recipient or a
subgrantee of the FTA Recipient in accordance with 49 C. F. R. 18.36(i), the Contractor agrees to
provide the Puri baser, the FLA Administrator, the Comptroller General of the United States or
any of their au t':Horized representatives access to any books, documents, papers and records of
the Contractor which are directly pertinent to this contract for the purposes of making audits,
examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C. F. R. 633.17
to provide the F A Administrator or his authorized representatives including any PMO
Contractor access to Contractor's records and construction sites pertaining to a major capital
project, defined at 49 USC §5302(a)1, which is receiving federal financial assistance through the
programs des, 'abed at49 USC § 5307, 5309 or 5311.
2. Where the Purchaser is e State and is die FTA Recipient or a subgrantee of the FTA Recipient
al accordance tivtth 49 CFR § 633..17, Contractor agrees to provide the Purchaser, the FTA
Administrator or his authorized representatives, including any PMO Contractor, access to the
'ontractor's records and construction sites pertaining to a major capital project, defined at 49
USC 5302(a)1, '.vhich is receiving federal financial assistance through the programs described
at .19 USC h 530 ;, 5309 or 5311. By definition, a major capital project excludes contracts of less
t the simplified acquisition threshold currently set at $100,000.
3. `Where fhe 1 "ucchaser enters into a negotiated contract for other than a small purchase or
under the simplified acquisition threshold and is an institution of higher education, a hospital
other nom- prc -0t organization and is the FTA Recipient or a subgrantee of the FTA Recipient
in accordincce cvrtla 49 CFR 9 19.48, Contractor agrees to provide the Purchaser, FTA
:Maims :rator, the Comptroller General of the United States or any of their duly authorized
represent.rtivi ..vilh access to any books, documents, papers and record of the Contractor
,: luch are die 3.11y pertinent to this contract for the purposes of making audits, examinations,
excerpts and transcriptions.
4. 'vVhere tury i0: rchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in
accordance w ill 49 USC § 5325(a) enters into a contract for a capital project or improvement
"defined at 49 t -IC 5 5302(a)1) through other than competitive bidding, the Contractor shall
nn.nkc available ccords relat to the contract to the Purchaser, the Secretary of Transportation
and the Conti t Faller General or any authorized officer or employee of any of them for the
purposes of Cl a hating an audit and inspection.
3. The Contra ti r agrees to permit any of the foregoing parties to reproduce by any means
whatsoi" er o� ' copy excerpts and transcriptions as reasonably needed.
Federally Required and other Model Contract Clauses 15
I'hc (c ntra'lr r agrees to maintain all books, records, accounts and reports required under
this contract fora period of not Less than three years after the date of termination or expiration
of this contrar t, except in the event of litigation or settlement of claims arising from the
gerformince nt 'his contract, in which case Contractor agrees to maintain same until the
Purchaser, the l FA Administrator, the Comptroller General, or any of their duly authorized
representatives, have disposed of all such litigation, appeals, claims or exceptions related
thereto. I;efercire 49 CFR § "]8.39(i)(11)
7. PTA does u,.t require the inclusion of these requirements in subcontracts.
equireuuenti, 0 r Access to Records and Reports by Types of Contract
contract
Operatio Turnkey Constructi Architectu Acquisitio' Profession
C:haractr ristI na] on rat n of al Services
rs Service Engineeri Rolling
Contract ng Stock
1 State
(: ,rant,i_rr, None Those None None None None
imposed on
a. ("minai:ts state pass
below SAT None thru to Yes, if None None None
(5100,0001 unless' Contractor non unless unless unless
11011- competitiv non- non- non -
b. Contracts competiti e award or competitiv competitiv competitiv
above ve award if funded e award e award e award
5100,000/Ca thru
pital Projects 5307/5309
/5311
1I Non State
CGrantecs Those
Yes imposed on Yes Yes Yes Yes
a- ( 010 J non state'
below f:;:\ l Yes' Grantee Yes Yes Yes Yes
(51CO30L 0 pass thin' to
i�.
Corm ,ict, Contractor
above
510(,000 1Ca
pital ermjeci., _
Nource.s <'f Au'.lui�ty:
49 USC 5 53:7) a)
49 CI'R s 63:' 1
19 CFR a 1C. , !i)
IT FEEDI 1; /11 (i IANGES
;') CVR I' "it 1-
Federally Required and other Model Contract Clauses 16
ppli :aHility t_ Contracts
the Federal (_h cnges requirement applies to all contracts.
h:oty Dcwn
The Fed,fral ( hinges requirement flows clown appropriately to each applicable changed
requirement
:Model Clause/ i.anguage
No specific language is mandated. The following language has been developed by FTA.
Federal Changes - Contractor shall at all times comply with all applicable FTA regulations,
policies, procedures and directives, including without limitation those listed directly or by
roferencc' in the Agreement (Form FTA MA (6) dated October, 1999) between Purchaser and
I'1'A , as they mute be amended or promulgated from time to time during the term of this
contract. Contrector's failure to so comply shall constitute a material breach of this contract.
5. BC)N 1 151 ; :EQUIP.ENI'ENT'h
. -\pplicahility to Contracts -
For thosct construction or facility improvement contracts or subcontracts exceeding $100,000,
PTA ma y accept the bonding policy and requirements of the recipient, provided that they meet
the minimum. n quirements for construction contracts as follows:
a. A bid guaranee from each bidder equivalent to five (5) percent of the bid price. The "bid
gr.carantees" sha[1 consist of !n firm commitment such as a bid bond, certifies check, or other
negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of
hits bid, execute such contractual documents as may be required within the time specified.
I). A pertorrr.nnce bond on the part to the Contractor for 100 percent of the contract price. A
performance h,)nd" is one executed al connection with a contract to secure fulfillment of all the
:contractor's obligations under such contract.
A payment bond on the part of the contractor for 100 percent of the contract price. A
'payment bond is one executed in connection with a contract to assure payment, as required by
law, or all persons supplying labor and material in the execution of the work provided for in the
contract. 1"ayint nt. bond amounts required from Contractors are as follows:
(1) 50% of the ccm tract price if the contract price is not more than 91 million;
2) -10% of thy a ntract price if the contract price is more than 91 million but not more than 95
million; or
I'') $1.5 :z1:11icm -t the contract price is more than 95 million.
5 A c-;ish ;le i ,s,0 certified check or other negotiable instrument may be accepted by a grantee
in lieu of hrrt • 'ZvanCe and payment bonds, provided the grantee has established a procedure to
Federall �,! Required and other Model Contract Clauses 17
assure that thc i Merest of FTA is adequately protected. An irrevocable letter of credit would
also satisfy' th! equirement for a bond.
FIIow Down
Bonding retinal menu flow down to the first her contractors.
lvlodel Clauses/ Language
I does not prescribe specific wording to be included in third party contracts. FTA has
prepared sarnnlo clauses as follows:
Bid Bond [t LI 1 vn eilts (Construction )
(a) Bid Seeurr
A Bid Bend inc be issued by a fully qualified surety company acceptable to City of Port
Arthur and listrd as a company currently authorized under 31 CFR §, Part 223 as possessing a
Certificate of Authority as described thereunder.
bj Rights Reserved
!n submitting this Bid, it is understood and agreed by bidder that the right is reserved by City of
Port Arthur to r any and all bids, or part of any bid, and it is agreed that the Bid may not be
withdrawn for r. period of [ninety (90)1 days subsequent to the opening of bids, without the
written consent of City of Port Arthur.
It is also u1id:rs.00d and agreed that it the undersigned bidder should withdraw any part or all
of his bier within ninety (90) 1 days after the bid opening without the written consent of City of
Port Arthur, shall refuse or be unable to enter into this Contract, as provided above, or refuse or
be unable to furnish adequate and acceptable Performance Bonds and Labor and Material
Payments Bond-, as provided above, or refuse or be unable to furnish adequate and acceptable
insurance, as pr avided above, he shall forfeit his bid security to the extent of (Recipient's)
damages circa; i ,ned by such withdrawal, or refusal, or inability to enter into an agreement, or
provide adequate security therefor.
It is furtlier 011,1,0 and agreed that to the extent the defaulting bidder's Bid Bond, Certified
Check, Cashier'; Check, Treasurer's Check, and /or Official Bank Check (excluding any income
generated t w n' which has been retained by City of Port Arthur provided in [Item x'Bid
:security" �. if the hrstructions ro Biddersi) shall prove inadequate to fully recompense City of Port
Arthur f4 .a the ._lamages occeasioned by default, then the undersigned bidder agrees to inderrulify
City of Port A rt!uar and pay over to City of Port Arthur the difference between the bid security
and ( R.eci pier t's) total damages, so as to make City of Port Arthur whole.
'r'hc undorsigrur_f understands that any material alteration of any of the above or any of the
material cont:;ir ed on this form, other than that requested, will render the bid unresponsive.
I'F rform, ii 0 ,n-,.1 Payment 1_ :Ze ]uire.ments (Construction)
Federally Required and other Model Contract Clauses 18
fhe Contracts r than be required to obtain performance and payment bonds as follows:
ia) Performances bonds
1. The penal r:ntount of performance bonds shall be 100 percent of the original contract price,
unless the Cite of Port Arthur determines that a lesser amount would be adequate for the
protection of 1r° City of Port Arthur
2. The City el fort Arthur may require additional performance bond protection when a contract
price is increased. The increase in protection shall generally equal 100 percent of the increase in
contract p rice the City of Port Arthur may secure additional protection by directing the
Contractor to increase the penal amount of the existing bond or to obtain an additional bond.
b) Payment 10 ds
1. The pineal amount Of the payment bonds shall equal:
(i) Fifty ?ercent of the contract price if the contract price is not more than $1 million.
;ii) Fort} percent of the contract price if the contract price is more than $1 million but not more
:1aan 55 millica� oa-
ii) Two and Di .e half million if the contract price is more than $5 mullion.
2. If the origina; contract price is $5 million or less, the City of Port Arthur may require
additional pr il: ction as required by subparagraph 1 if the contract price is increased.
Performance tied Payment Bonding Requirements (Non - Construction)
The Contractor Wray be required to obtain performance and payment bonds when necessary to
protect the Iheiipient's) interest.
(a) The [. X110,;; iug situations may warrant a performance bond:
1. Cit. of Poi t i Arthur property or funds are to be provided to the contractor for use in
performing the contract or as partial compensation (as in retention of salvaged material).
2. A contractor sells assets to or merges with another concern, and the Ciity of Port Arthur, after
recognii.ing 11u ; after concern as the successor in interest, desires assurance that it is financially
capable
5 Subst.intia! ;crogress payments are made before delivery of end items starts.
Contract, :or dismantling, deinolibon, or removal of improvements.
(h) When it i _ etermined that a performance bond is required, the Contractor shall be required
Hai perm imance bonds as to1lows:
Federally Required and other Model Contract Clauses 19
. The penal amount of performance bonds shall be 100 percent of the original contract price,
unless thr. City ot Port Arthur determines that a lesser amount would be adequate for the
protection of the City of Port Arthur
?. 1'he City of Pert Arthur may require additional performance bond protection when a contract
price is increased. The increase in protection shall generally equal 100 percent of the increase in
contract price. The City of Pert Arthu r may secure additional protection by directing the
C 'ontractu,r to int rease the penal amount of the existing bond or to obtain an additional bond.
c) A payment 0.;nd is required only when a performance bond is required, and if the use of
payment bone. is in the (Recipient's) interest.
(d) When It is determined that a payment bond is required, the Contractor shall be required to
obtain payment bonds as follows:
1.'the pe[[:l anu payment bonds shall equal:
(i) Fifty percent of the contract price if the contract price is not more than $1 million;
(ii) Forty percent of the contract price if the contract price is more than $1 million but not more
than S5 million; it
(:ii) 1Drvo and conk: half million if the centract price is increased.
Advance Payme Bonding Requirements
I he Contractor may be required to obtain an advance payment bond if the contract contains an
advance p,:,v'n'_ It provision and a performance bond is not furnished. The City of Port Arthur
%hall determine the amount of the advance payment bond necessary to protect the City of Port
Airthur
Patent In:tr:ingsment Bonding Requirements (Patent Indemnity)
The Conti 'nay be required to obtain a patent indenuuty bond if a performance bond is not
urnished and the financial responsibility of the Contractor is unknown or doubtful. The City of
Port Arthitir shall determine the amocmt of the patent indemnity to protect the City of Port
Arthur
Orramt■ of :Ile Work and Maintenance Bonds
the '._ ntra ti r warrants to Cily of Port Arthur, the Architect and /or Engineer that all
r.�riiei oils nnei c� cipment furnished under this Contract will be of highest quality and new
unless ot'rn rw ie specified by City of Port Arthur, free from faults and defects and in
c>r.'ncnue '.ei_0 the Contract Documents. All work not so conforming to these standards shall
tie consic'.ere'; defective. If required 1:y the [Project Manager], the Contractor shall furnish
tistactery eace as to the kind and quality of materials and equipment.
Federally Required and other Model Contract Clauses 20
lhe':`,'o:1. furnished must be of first quality and the workmanship must be the best
2btainatile in the various trades. 1be Work must be of safe, substantial and durable construction
in all : :espcc7s_ The Contractor hereby guarantees the Work against defective materials or faulty
vrorkmensh.p f el a minimum period of one (1) year after Final Payment by City of Port Arthur
and shall replace or repair any defective materials or equipment or faulty workmanship during
the period of the guarantee at no cost to City of Port Arthur As additional security for these
guarantees, the Contractor shall, prior to the release of Final Payment [as provided in Item X
below], furnish separate Maintenance (or Guarantee) Bonds in form acceptable to City of Port
Arthur written '3y the same corporate surety that provides the Performance Bond and Labor
and Material Payment Bond for this Contract. These bonds shall secure the Contractor's
obligation to replace or repair defective materials and faulty workmanship for a minimum
period of one (1) year after Final Payment and shall be written in an amount equal to ONE
HUNDRED PII1:CENT (100 %) 01 the CONTRACT SUM, as adjusted (if at all).
10 CLEAN`` A111
42 USC. 1 7401 t seq.
CE: 15.61
.19 CFR Part 18
Applicability to Contracts
The Clean Air r'quirernents apply to ell contracts exceeding $100,000, including indefinite
quantities where the amount is expected to exceed 5100,000 in any year.
Down
the Clean r iquirements flow down to all subcontracts that exceed S1.00,000.
11ode1 Clauses, Language
No specific :le: :ti uagc is required. ETA Iran proposed the following language.
Clean Air - (11 il,e Contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act, as amended, 42 USC 4 7401 et seq.. The
Contract aprces to report each violation to the Purchaser and understands and agrees that the
l'urchescr will, in turn, report each violation as required to assure notification to FTA and the
pro priale I'1' 1 Regional Office.
;2) 'the t n. :r_ic or also agrees to include these requirements in each subcontract exceeding
1100,000 final ,ci c in whole ur in part with Federal assistance provided by FTA.
12 21:CYCI FL PRODUCTS
.12 USC ri 6962..
4'..1 CFR fart
xecutive Or .try 12873
a,pplical�iliti tai Contracts
The Recycled 1'... ducts requirements apply to all contracts for items designated by the EPA,
, .-hen th pun. ] °ascr or contractor procures 510,000 or more of one of these items during the
fiscal year, or 1:.is procured 510,000 er more of such items in the previous fiscal year, using
^rdera1 t une` �'Jew requirements fal "recovered materials" will become effective May 1, 1996.
Federally Required and other Model Contract Clauses 21
These new regulations apply to all procurement actions involving items designated by the EPA,
where the procuring agency purchases $10,000 or more of one of these items in a fiscal year, or
when the cost o` such items purchased during the previous fiscal year was $10,000.
F:DW Down
'hese requirements flow down to all to all contractor and subcontractor tiers.
lodel C(eust /Language
:.o specific cl.+use is mandated, but } TA has developed the following language.
Recovered M,:lc rials - The contractor agrees to comply with all the requirements of Section 6002
of the Resouri e Conservation and Recovery Act (RCRA), as amended (42 USC § 6962),
includin but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order
12873, ns they aeply to the procurement of the items designated in Subpart B of 40 CFR Part
247.
B. DAVIS_'-13rA ON ACT
40 USC o7; 276a - 276a-5 (1995)
29 CFR (1
\pplicabilite to Contract
Construct ion ccntracts over $2,000.00
Flow Down
Applies to third party contractors and subcontractors
ivlodel Clause /Language
(The Lingua in this clause is mandated under the DOL regulations at 29 CFR § 5.5.)
(1) Minimum v, ages - (i) All laborers and mechanics employed or working upon the site of the
work (or and !r the United States Housing Act of 1937 or under the Housing Act of 1949 in the
construction r development of the project), will be paid unconditionally and not less often than
once 0 week, ,u without subsequent deduction or rebate on any account (except such payroll
deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland
..tat (29 C9R fart 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents
thereof) ,Iuc' .,t Ime of payment computed at rates not less than those contained in the wage
dr'tennioetic�i i c t the Secretary of Labor which is attached hereto and made a part hereof,
regardless o: uy contractual relationship which may be alleged to exist between the contractor
and such lab1,rewrs and mechanics.
Contribution t node or cost; reasonably anticipated for bona fide fringe benefits under section
1(b)(2) of the t ).leis -Bacon Act on behalf of Iaborers or mechanics are considered wages paid to
such laborers cr: mechanics, subject to the provisions of paragraph (1)(iv) of this section; also,
regular c nntrcations made or costs iincurred for more than a weekly period (but not less often
than qua rte:l , t under plans, funds, ur programs which cover the particular weekly period, are
,1oitnied to be rt ructively made or incurred during such weekly period. Such laborers and
mechanics shat be paid the appropriate wage rate and fringe benefits on the wage
Federally Required and other Model Contract Clauses 22
determination :` ti the classification of work actually performed, without regard to skill, except
Ica provided in 29 CFR Part 5_5(a)(4). Laborers or mechanics performing work in more than one
classification :r be compensated at the rate specified for each classification for the time
actually v: orkci'l therein: Provided,. That the employer's payroll records accurately set forth the
time sm in ea :h classification in which work is performed. The wage determination and the
)avis- liz+.con potter (WI-{ -1321) shall be posted at all times by the contractor and its
subcontractors at the site of the work nr a prominent and accessible place where it can be easily
seen by the workers.
(ii) Whenever 11.e minimum wage raise prescribed in the contract for a class of laborers or
mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall
either pay the b mefit as stated in the wage determination or shall pay another bona fide fringe
benefit er an Itoa:ly cash equivalent thereof.
(iii) If the conlr,ctor does not make payments to a trustee or other third person, the contractor
may consider at part of the wages of any laborer or mechanic the amount of any costs
reasonably anticipated in providing bona fide fringe benefits under a plan or program,
Provided, That he Secretary of labor has found, upon the written request of the contractor, that
the applicab1c standards of the Davis- Bacon Act have been met. The Secretary of Labor may
require tin c ntractor to set aside in a separate account assets for the meeting of obligations
under Hitt po program.
(iv) (A) 'i he cuc.tracting officer shall require that any class of laborers or mechanics which is not
listed in the wage determination and which is to be employed under the contract shall be
classified in conformance with the wage determination. The contracting officer shall approve an
additional classification and wage rate and fringe benefits therefor only when the following
criteria Have he n met:
(1) The work to he performed by the classification requested is not performed by a classification
in the wage de:L:rmination; and
[2)'! 0 e lassitio +liotn is utilized in the area by the construction industry; and
It) the prop( sn.i wage rate, including any bona fide fringe benefits, bears a reasonable
relationship La the wage rates contained in the wage determination.
(13) If the contractor and the laborers and mechanics to be employed in the classification (if
known), or their representatives, and the contracting officer agree on the classification and wage
:a te (including the amount designated for fringe benefits where appropriate), a report of the
a ction taken shill be sent by the contracting officer to the Administrator of the Wage and Flour
division: 0inploymentStandards Administration, Washington, DC 20210. The Administrator,
or an authori, :e_l representative, wit] approve, modify, or disapprove every additional
classification .action within 30 days of receipt and so advise the contracting officer or will notify
he con! tactiri,' tnIticer within the 30 -day period that additional time is necessary.
( l) In tilt! the contractor, the laborers or mechanics to be employed in the classification or
their represec tc lives, and the contracting officer do not agree on the proposed classification and
Fcderall, Required and other Model Contract Clauses 23
wage rate (including the amount designated for fringe benefits, where appropriate), the
contracting officer shall refer the questions, including the views of all interested parties and the
recommendation of the contracting officer, to the Administrator for determination. The
?.dministrator, or an authorized representative, will issue a determination with 30 days of
receipt and so advise the contracting officer or will notify the contracting officer within the 30-
day period that additional time is necessary.
ID) The wage i to (including fringe benefits where appropriate) determined pursuant to
paragraphs (1)(tv) (B) or (C) of this section, shall be paid to all workers performing work in the
riassificatnon under this contract from the first day on which v'ork is performed in the
•:r.assilicatlon
12) - The [ insert: name of grantee ] shall upon its own action or upon written
request of an du thorized representative of the Department of Labor withhold or cause to be
withheld from the contractor under his contract or any other Federal contract with the same
prime contractor, or any other federally- assisted contract subject to Davis -Bacon prevailing
wage recluiremonts, which is held by the same prime contractor, so much of the accrued
payments or advances as may be considered necessary to pay laborers and mechanics,
including apprentices, trainees, and helpers, employed by the contractor or any subcontractor
the full amount of wages required by the contract. In the event of failure to pay any laborer or
mechanic, inc luding any apprentice, trainee, or helper, employed or working on the site of the
'.cork (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the
-crostruction ,r development of the project), all or part of the wages required by the contract,
the f insert name of grantee 1 may, ai ter written notice to the contractor, sponsor, applicant, or
owner, tike su[ h action as may be necessary to cause the suspension of any further payment,
advance, or guarantee of funds until such violations have ceased.
(3) Payrolls al la. basic records - (i) Payrolls and basic records relating thereto shall be maintained
by the contractor during the course of the work and preserved for a period of three years
thereafter for all laborers and mechanics working at the site of the work (or under the United
'States 1lousiu ig Act of 1937, or under the Housing Act of 1949, in the construction or
development of the project). Such records shall contain the name, address, and social security
::lumber of each such worker, his or her correct classification, hourly rates of wages paid
;including rate of contributions or costs anticipated for bona fide fringe benefits or cash
equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily
and weekly nu tuber of hours worked, deductions made and actual wages paid. Whenever the
'3ecretare of '; r.'oor has found under 29 CFR § 5.5(e)(1)(iv) that the wages of any laborer or
merino, in u,3 ' the amount of any costs reasonably anticipated in providing benefits under a
Flan or prvgr:u:r described in section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall
ruaintain recon Is which show that: the commitment to provide such benefits is enforceable, that
the plan or pro „ram is financially responsible, and that the plan or program has been
x)n 3 in writing to the laborers or mechanics affected, and records which show the
costs ant icip, t ad or the actual cast incurred in providing such benefits. Contractors employing
pprentteos , raineets under approved programs shall maintain written evidence of the
registration or , l prenticeship programs and certification of trainee programs, the registration of
Lae and trainees, and tha ratios and wage rates prescribed in the applicable
programs
Federally Required and other Model Contract Clauses 24
(ii)(A) The ccntractor shall submit weekly for each week in which any contract work is
performed a dopy of all payrolls to the [insert name of grantee ] for transmission to the Federal
Transit Administration. The payrolls submitted shall set out accurately and completely all of the
information required to be maintained under 29 CFR Part 5. This information may be submitted
M any form desired. Optional Form WFi -347 is available for this purpose and may be purchased
from the Superintendent of Documents (Federal Stock Number 029 - 005 - 00014 -1), U.S.
Government Printing Office, Washington, DC 20402. The prime contractor is responsible for the
submission c' ")pies of payrolls by all subcontractors.
(3) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the
Contractor or subcontractor or his or her agent who pays or supervises the payment of the
persons employ ed under the contract and shall certify the following:
(1) That the pa.i:Coll for the payroll period contains the information required to be maintained
under 29 UP Part 5 and that such information is correct and complete;
(2) That ea:_h I,r hirer or mechanic (including each helper, apprentice, and trainee) employed on
the contact during the payroll period has been paid the full weekly wages earned, without
rdbate, either directly or indirectly, and that no deductions have been made either directly or
indirectly from the full wages earned, other than permissible deductions as set forth in
Regulations, 19 CFR Part 3;
(3) "That each laborer or mechanic has been paid not less than the applicable wage rates and
fringe benefits or cash equivalents for the classification of work performed, as specified in the
applicable wage determination incorporated into the contract.
(C) The .weekly submission of a properly executed certification set forth on the reverse side of
Optional Form WI-I-347 shall satisfy the requirement for submission of the "Statement of
Compliance' rc_luired by paragraph (3)(ii)(B) of this section.
O) The talsif rc a A on of any of the above certifications may subject the contractor or
subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of
tle 31 of the United States Code.
(in) The contra; tor or subcontractor ,hall make the records required under paragraph (3)(i) of
is sec t'.on astable for inspection, copying, or transcription by authorized representatives of
} :c Federal `transit Administration or the Department of Labor, and shall permit such
representatives to interview employees during working hours on the job. If the contractor or
subcontractor His to submit the required records or to make them available, the Federal agency
pray, after written notice to the contractor, sponsor, applicant, or owner, take such action as may
Le nee ess,uy to cause. the suspension of any further payment, advance, or guarantee of funds.
Furthermore t,ilure to submit the required records upon request or to make such records
availabd 112 grounds for debarment action pursuant to 29 CFR § 5.12.
(4) App-c nt: and trainees - (i) Apprentices - Apprentices will be permitted to work at less
than the prcd rate: for the work they performed when they are employed pursuant to
Federally Required and other Model Contract Clauses 25
and individually registered in a bona fide apprenticeship program registered. with the U.S.
Department if Labor, Employment and Training Administration, Bureau of Apprenticeship
and Training, t ar with a State Apprenticeship Agency recognized by the Bureau, or if a person is
employed in his or her first 90 days of probationary employment as an apprentice in such an
apprenticeship program, who is not individually registered in the program, but who has been
certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency
(where appropriate) to be eligible for probationary employment as an apprentice. The allowable
ratio of :appyen tices to journeymen en the job site in any craft classification shall not be greater
than the ratio permitted to the contractor as to the entire work force under the registered
program_ An , .vorker listed on a payroll at an apprentice wage rate, which is not registered or
otherwise employed as stated above, aha]I be paid not less than the applicable wage rate on the
wage determination for the classification of work actually performed. In addition, any
apprentie ci performing work on the job site in excess of the ratio permitted under the registered
program shall be paid not less than the applicable wage rate on the wage determination for the
v.vork actually performed. Vv'here a contractor is performing construction on a project in a
locality other than that in which its program is registered, the ratios and wage rates (expressed
in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's
registered pro;tt ram shall be observed. Every apprentice must be paid at not less than the rate
specified :in the registered program for the apprentice's level of progress„ expressed as a
percentage of the journeymen hourly rate specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance with the provisions of the
apprenticeslp program. If the apprenticeship program does not specify fringe benefits,
apprentices must be paid the full amount of fringe benefits listed on the wage determination for
the applicable classification. If the Administrator of the Wage and Hour Division of the U.S.
Department Labor determines that a different practice prevails for the applicable apprentice
classification 'ranges shall he paid in accordance with that determination. In the event the
Bureau of Apprenticeship end Training, or a State Apprenticeship Agency recognized by the
Bureau, vtiith. ha W'S approval of an apprenticeship program, the contractor will no longer be
permitted to utilize apprentices at less than the applicable predetermined rate for the work
performed u: a e I an acceptable program is approved.
'l ra it - 1- xcept as provided in 29 CFR § 5.16, trainees will not be permitted to work at less
than the predetermined rate for the work performed unless they are employed pursuant to and
individually registered in a program which has received prior approval, evidenced by formal
certification iw the U.S. Department of labor, Employment and Training Administration. The
ratio of 1G.ain. e, to journeymen 00 the job site shall not be greater than permitted under the plan
approved by tic Employment and " training Administration. Every trainee must be paid at not
less than the rate specified Ira the approved program for the trainee's level of progress,
expressed as a eercentage of the journeyman hourly rate specified in the applicable wage
:icternuia,a lit ,,1 "1 rainees shall be paid fringe benefits in accordance with the provisions of the
trainee ro r,u:n, If the trainee program does not mention fringe benefits, trainees shall be paid
the full ,amcalle of fringe benefits listed on the wage determination unless the Administrator of
the t1 'at:,c' anal 1 leer Divisie :n determines that there is an apprenticeship program associated
l�'lth the• corresponding journeyman wag:, rate 00 the wage determination which provides for
lass 111,111 till I i tinge benefits for apprentices. Any employee listed on the payroll at a trainee rate
who is not n a 1 1 :lcred and participat in e training plan approved by the Employment and
!tinning A ministration shill be paid not Tess than the applicable wage rate on the wage
Federally Required and other Model Contract Clauses 26
delernninalioh 6 a the classification of work actually performed. In addition, any trainee
performing vAsir<on the job site in excess of the ratio permitted under the registered program
shall be laid nog less than the applicable wage rate on the wage determination for the work
actually performed. In the event the Employment and Training Administration withdraws
approval of .a training program, the con tractor will no longer be permitted to utilize trainees at
less than the applicable predetermined rate for the work performed until an acceptable program
is approved.
(iii) Equel lyment opportunity - The utilization of apprentices, trainees and journeymen
u rder this part shall be in conformity with the equal employment opportunity requirements of
Executive Or d.ci 11246, as amended, and 29 CFR Part 30.
(5) Compliance i vith Copeland Act requirements - The contractor shall comply with the
i equiren:ents of 29 CFR Part 3, which are incorporated by reference in this contract.
(6) Subccntracis - The contractor or subcontractor shall insert in any subcontracts the clauses
contained in 29 § 5.5(a)(1) through (10) and such other clauses as the Federal Transit
Administration may by appropriate instructions require, and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The prime contractor
shall be 1 for the complian,_e by any subcontractor or lower tier subcontractor with all
the contract clauses in 29 CFR 4 5.5.
71 Contract tcrr:unation_ debarment - A breach of the contract clauses in 29 CFR § 5.5 may be
grounds for termination of the contract, and for debarment as a contractor and a subcontractor
,rs provided in 79 CFI< § 5.12.
(6) Conrplianr ;villa Davis -Bacon a nd Related Act requirements - All rulings and
interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are
herein incorp ruled by reference in this contract.
(9) Disputes 5 , labor standards - Disputes arising out of the labor standards provisions
of this emit 01t r hall not be subject to the general disputes clause of this contract. Such disputes
, ,hall be reso:v m accordance with the procedures of the Department of Labor set forth in 29
CFR Parts 3, f,, end 7. Disputes within the meaning of this clause include disputes between the
entrap ti (or any its subcontractors) and the contracting agency, the U.S. Department of
,abet, or the r:1,ployees or their representatives.
(10) l ertrficaLion Hof eligibilit }' - (013y entering into this contract the contractor certifies that
neither r an' she) nor any person or firm who has an interest in the contractor's firm is a
parson or firer. miolrgible to be awarded Government contracts by virtue of section 3(a) of the
Davis- t3r.cori alit or 29 CFR 1115.12(a)(1
Iii) No part cI t1 as contract shall be subcontracted to any person or firm ineligible for award of a
(Government ru, by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR §5.12(a)(1).
iii) for making false statements is prescribed in the U.S. Criminal Code,18 USC §
trill.
Federally' Required and other Model Contract Clauses 27
CO3 7 CRAC'," WORK HOURS AM) SAFETY STANDARDS ACT
USC 5 327 - 3 13 (1995)
9 CFR 9 5 (1.99(l)
9 CFR 5 1926 1 995)
( pplicability to Contracts
Section 102 c 1 ti .c Act, which deals with overtime requirements, applies to:
- 01 constructma contracts in excess of 52,000 and;
all turnkey, toiling stock and operational contracts (excluding contracts for transportation
services) in e >ocss of 52,500.
(The dollar thre ;hold for this requirement is contained in the current regulation 29 CFR § 5.15.)
Section 107 of 0e Act that deals with OSHA requirements applies to construction contracts in
r xcess of $2,000 only. The requirements of this section do not apply to contracts or subcontracts
or the puurch.r of supplies or materials or articles normally available on the open market.
Flow l)o''.vn
Applies to th d party contractors and subcontractors.
Model Clauses; Language
Pursuant to Section 102 (Overtime):
( "these clause, , re specifically mandated under DOL regulation 29 CFR fi 5.5 and when
preparing a L en struction contract in excess of $2,000 these clauses should be used in conjunction
with the Davis -bacon Act clauses as discussed previously. For nonconstruction contracts, this is
the only :tech( required along with the payroll section.)
(1) Overtime re ; :uirements - No contractor or subcontractor contracting for any part of the
contract i.vork which may require or involve the employment of laborers or mechanics shall
Aquire or per :nit any such laborer or mechanic in any workweek in which he or she is
employed on sit .1; work to work in excess of forty hours in such workweek unless such laborer
cr mechanic inx. ives compensation at a rate not less than one and one -half times the basic rate
of pay for all ho us worked in excess of forty hours in such workweek.
(2) Violation; 1".a`rlity for unpaid wages; liquidated damages - In the event of any violation of
t_ie set ertlr in paragraph (1) of this section the contractor and any subcontractor
responsible t uirefor shall be Iiable for the unpaid wages. In addition, such contractor and
subcontractor ;I X01 be liable to the United States for liquidated damages. Such liquidated
damages shcl1 1 computed with respect to each individual laborer or mechanic, including
watchmen and l'uards, employed in violation of the clause set forth in paragraph (1) of this
section, ii I thy sant of $ '10 for each ca ' . end ;r day on which such individual was required or
eranit o f to 1:: in excess ',f the standard workweek of forty hours without payment of the
verlithe wa;� : required by the clause set forth in paragraph (1) of this section.
Federally Required and other Model Contract Clauses 28
Cle WitJ licld]u for unpaid wages and liquidated damages -The (write in the name of the
grantee cr renhcnt ) shall upon its own action or upon written request of an authorized
cpre� gin! atr ✓r •f the Department of Labor withhold or cause to be withheld, from any moneys
payable on account of work performed by the contractor or subcontractor under any such
contractor any ;then Federal contract with the same prime contractor, or any other federally -
<ssisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by
the same prime contractor, such sums as may be determined to be necessary to satisfy any
liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as
provided in the clause set forth in paragraph (2) of this section.
(4) Subcentrac -'the contractor or subcontractor shall insert in any subcontracts the clauses set
forth in this section and also a clause requiring the subcontractors to include these clauses in
any lower tier s ibcontracts. The prime con shall be responsible for compliance by any
subcontractor Lir lower tier subcontractor with the clauses set forth in this section.
Section I +JL nonconstruction contracts should also have the following provision:)
(5) Payrolls avid basic records - (i) Payrolls and basic records relating thereto shall be maintained
by the contractor during the course of the work and preserved for a period of three years
thereafter for al' laborers and mechanics working at the site of the work (or under the United
Slates 1 lousing Act of 1937, or under the Housing Act of 1949, in the construction or
development of the project). Such records shall contain the name, address, and social security
number of eayh such worker, his or Ler correct classification, hourly rates of wages paid
(including rates of contributions or costs anticipated for bona fide fringe benefits or cash
equivalents tile, eaf of the types described in section l(b)(2)(B) of the Davis -Bacon Act), daily
arid weekly number of hours worked, deductions made and actual wages paid. Whenever the
Secretary of l.itaor has found under 29 CFR g 5.5(a)(1)(iv) that the wages of any laborer or
mechanic include the amount of any costs reasonably anticipated in providing benefits under a
plan or progranc described in section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall
maintain records which show that the commitment to provide such benefits is enforceable, that
the plan o r prof; is financially responsible, and that the plan or program has been
rcummunicate_I In writing to the laborers or mechanics affected, and records which show the
costs anticipated or the actual cost incurred in providing such benefits. Contractors employing
Hi- .prentices o,: t- ainees under approved programs shall maintain written evidence of the
registration 0` apprenticeship progrims and certification of trainee programs, the registration of
the appror hors and trainees, and the ratios and wage rates prescribed in the applicable
programs.
Section 107 (i/5'.-IA):
I'llliis sera :ion is +pplicable to construi7tion contracts only)
Contract %Voi k Flours and Safety Standards Act - (i) The Contractor agrees to comply with
section 107 of tlrc: Contract t Work Horns and Safety Standards Act, 40 USC § section 333, and
pplicabL�
1 )1 regulations, " Safety and Health Regulations for Construction " 29 CFR Part
H26. Among, ether things, the Contractor agrees that it will not require any laborer or mechanic
\ N' ui l..:nrtary, hazardous, or dangerous surroundings or working conditions.
Federally Required and other Model Contract Clauses 29
(ii)Subcontrac is - The Contractor also agrees to include the requirements of this section in each
subcontract. lb, t term "subcontract" under this section is considered to refer to a person who
agrees to perform. any part of the labor or material requirements of a contract for construction,
teration or i t.ltair. A person who undertakes to perform a portion of a contract involving the
urnishing of supplies or materials will be considered a "subcontractor" under this section if the
work in tluestion involves the performance of construction work and is to be performed: (1)
directly on or near the construction site, or (2) by the employer for the specific project on a
customized bass. ' thus, a supplier of materials which will become an integral part of the
construction is ,a "subcontractor" if the supplier fabricates or assembles the goods or materials in
question spec if really for the construction project and the work involved may be said to be
ta ;nstruction activity. If the goods or materials in question are ordinarily sold to other customers
!loin regular tiVrentory, the supplier is not a "subcontractor." The requirements of this section
do not apply to :ontracts or subcontracts for the purchase of supplies or materials or articles
normally ava.la :le on the open market.
20. COPOLAND .ANII- KICKBACK ACT
10 USC t; 276,, ('995)
29 CFR t 3 (1 °2'1)
29 CFR f 5 (MO)
Applicability to Contracts
All constructiott contracts in excess of X2,000.
How Down
Applicalla t., alt third party contractors and subcontractors.
lode1 Clauses; language
1 of that Copeland Act makes it clear that the purpose of the Act is to assist in the enforcement
cif the m nima:11 4vage provisions of the Davis- Bacon Act." In keeping with this intent DOL has
included a set Ai Dn on the Copeland Act in the mandatory language of the Davis -Bacon
provisions -1 tic language can be found at §5.5(a)(5) of the Davis -Bacon model clauses and reads
as follows
Compliance v :1th Copeland Act requirements - The contractor shall comply with the
requirements at 29 CFR Part 3, which are incorporated by reference in this contract.
Since there is no specific statutory or regulatory requirements for additional mandatory
language; 1 acld recommend that no additional clauses are necessary for this provision.
1. NO ( O" to NNIENT OBLIGATION TO THIRD PARTIES
pphcalii.ih t. Contracts
Applicable tt contracts.
ou Htt.a.is
Federally Required and other Model Contract Clauses 30
vlotrequiled be statute or regulation for either primary contractors or subcontractors, this
concept should `low down to all levels to clarify, to all parties to the contract, that the Federal
Government de es not have contractual liability to third parties, absent specific written consent.
:Model C[aus</ Language
While no specific language is required, FTA has developed the following language.
No Obligation t y the Federal Government.
1) The Fi.uchas.?r and Contractor acknowledge and agree that, notwithstanding any
concurrence by the Federal Government in or approval of the solicitation or award of the
underlying corcract, absent the express written consent by the Federal Government, the Federal
C lovernmcnt is , .ot a party to this contract and shall not be subject to any obligations or
liabilities, to the Purchaser, Contractor, or any other party (whether or not a party to that
contract) pertaining to any natter resulting from the underlying contract.
2) The Cuntrac_or agrees to include the above clause in each subcontract financed in whole or
in part Federal assistance provided by FTA. It is further agreed that the clause shall not be
modified, excel t to identify the subcontractor who will be subject to its provisions.
22. PROGRAM FRAUD AND FALS13 OR FRAUDULENT STATEMENTS AND RELATED
ACTS
)1 LSO Ei1.80 tseq.
19 CFR Part 3'. 8 USC § 1001
-01 USC t: 53,`t..
1. pplicability to Contracts
[hese retie ircnrants are applicable to all contracts.
Flow Do„-n
These reque flow down to contractors and subcontractors who make, present, or submit
covered claims Ind statements.
Model Clause/ ..anguage
These reclui°rmants have no specified language, so FTA proffers the following language.
Program Fraud arid False or Fraudulent Statements or Related Acts.
C'. ) Tha uric acknowledges that the provisions of the Program Fraud Civil Remedies Act
if 1956, as amended, 31 USC § 3801 et seq.. and U.S. DOT regulations, "Program Fraud Civil
3enu^dic : FR Part 31, apply to its actions pertaining to this Project. Upon execution of the
nnderri1n : 1 0 ract, the Contractor certifies or affirms the truthfulness and accuracy of any
statement it ha; made, it makes it may snake, or causes to be made, pertaining to the
underlying (l i:ri ract or the F FA assisted project for which this contract work is being performed.
at addition to odser penalties that may be applicable,. the Contractor further acknowledges that
if it makes, cn c,muses to be r.rade, a false, fictitious, or fraudulent claim, statement, submission,
� a . ccrttifica tl;e Federal Government reserves the right to impose the penalties of the
Pre1 ran_ Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal
C30vea meant !c erns appropriate.
Federally Required and other Model Contract Clauses 31
(2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or
traudulent clam.,, statement„ submission, or certification to the Federal Government under a
_.ontract connt: fed with a project that is financed in whole or in part with Federal assistance
originally awarded by FTA under the authority of 49 USC § 5307, the Government reserves the
right to impose the penalties of 18 USC § 1001 and 49 USC § 5307(n)(1) on the Contractor, to the
extent the Federal Govenunent deems appropriate.
(3) The Contractor agrees to include the above two clauses in each subcontract financed in
whole or in par. with Federal assistance provided by FTA. It is further agreed that the clauses
shall not be mo_iified, except to identify the subcontractor who will be subject to the provisions.
23. TERWIN:1'IION
1t) USC Part 1
P CA Circular 4_20.ID
Applicability D Contracts
All contracts (v. ith the exception of contracts with nonprofit organizations and institutions of
higher e : n,) m excess of $10,000 shall contain suitable provisions for termination by the
grantee ;nclu d i ag the manner by which it will be effected and the basis for settlement. (For
c ontracts wits nonprofit organizations and institutions of higher education the threshold is
5100,000.) In addition, such contracts: shall describe conditions under which the contract may be
terminated fcr .iefault as well as corditions where the contract may be terminated because of
:ircuntslances Beyond the control of the contractor.
Flow Dewn
I terminal Icn requirements flow down to all contracts in excess of $10,000, with the exception
of contracts with nonprofit organizations and institutions of higher learning.
Model Clause/ Language
[TA does not prescribe the form car content of such clauses. The following are suggestions of
clauses to be uFed in different types of contracts:
'Fermi matl& il fir Convenience (General Provision) The City of Port Arthur may terminate this
contract, in 1 or in part. at any time by written notice to the Contractor when it is in the
Government s lest interest. The Contractor shall be paid its costs, including contract closeout
costs, and prul it on work performed up to the time of termination. The Contractor shall
promptly subn.it its termination claim to City of Port Arthur to be paid the Contractor. If the
Contractor has any property in its possession belonging to the City of Port Arthur, the
Contractor n i11 account for the saints and dispose of it in the manner the City of Port Arthur
directs.
'furn'aratu a 1 it Default Breach c,r Cause] (General Provision) If the Contractor does not
Ali: c r 22G, in accordance with the contract delivery schedule, or, if the contract is for
services the intrai for fails to perform in the manner called for in the contract, or if the
Contractor f,I 0' to comply with any other provisions of the contract, the City of Port Arthur
may tomtit L e tlris contract. for default. Termination shall be effected by serving a notice of
Federally Required and other Model Contract Clauses 32
termination ral the contractor setting forth the manner in which the Contractor is in default. The
contractor will only be paid the contract price for supplies delivered and accepted, or services
performed i., cordance with the manner of performance set forth in the contract.
it is la rr,r d tc rmined by Cie Cite cf Port Arthur that the Contractor had an excusable reason
ter not performing, such as a strike, fire, or flood, events which are not the fault of or are
beyond the c•)ntrol of the Contractor, the City of Port Arthur, after setting up a new delivery of
pint o rnrmce ;c sedule, may allow the Contractor to continue work, or treat the termination as a
termination t !r convenience.
• Opportunity to Cure (General Provision) The City of Port Arthur in its sole discretion may, in
L:e case of a termination for breach or default, allow the Contractor [an appropriately short
period of halal in which to cure the defect. In such case, the notice of termination will state the
lime period in which cure is permitted and other appropriate conditions
I Contractor falls to remedy to City of Port Arthur's satisfaction the breach or default or any of
the terms, covenants, or conditions of this Contract within [ten (10) days] after receipt by
Contractor o: ritten notice from City of Port Arthur setting forth the nature of said breach or
_default, City' )f Port Arthur shall have the right to terminate the Contract without any further
o bligation to Contractor. Any such termination for default shall not in any way operate to
l'recludr Cite r1 Port Arthur front also pursuing all available remedies against Contractor and
is sureties for said breach or default.
J. Waive nr of l:c medics for any Breach In the event that City of Port Arthur elects to waive its
remedies for ,v breach by Contractor of any covenant, term or condition of this Contract, such
waiver by City el Port Arthur shall not lit City of Port Arthur's remedies for any succeeding
preach of that cr of any other term, covenant, or condition of this Contract.
Terrninatic n for Convenience (FrI fessional or Transit Service Contracts) The City of Port
Arthur, by written notice, may terminate this contract, in whole or m part, when it is in the
Crovernments Interest. If this contract is terminated, the Recipient shall be liable only for
payment under the payment provisions of this contract for services rendered. before the
i ffecti.vr date u termination.
I ermin;,ti ter Default (Supplies and Service) 1.1 the Contractor fails to deliver supplies or to
iu - loran t vices within the time specified in this contract or any extension or if the
Contractor fn.lf to comply with any other provisions of this contract, the City of Port Arthur
r_1ay ter,ninaie Mis contract for default.] he City of Port Arthur shall terminate by delivering to
Me Contractor Notice of Terminat specifying the nature of the default. The Contractor will
only be paid th.' contract price for supplies delivered and accepted, or services performed in
accordance with the manner or performance set forth in this contract.
If, after t rm n: tion for failure to fulfill contract obligations, it is determined that the Contractor
was not ht d. ;quit, the rights and obligations of the parties shall be the same as if the
tL rminatior. l 1 been issued for the convenience of the Recipient.
Federally Required and other Model Contract Clauses 33
r _. 1 1 u- Default (Transportation Services) If the Contractor fails to pick up the
enunodities oi to perform the services, including delivery services, within the time specified in
this contractor any extension or if the Contractor fails to comply with any other provisions of
this cont,aet, tho City of Port Arthur may terminate this contract for default. The City of Port
Arthur shall terminate by delivering to the Contractor a Notice of Termination specifying the
nature of default. The Contractor will only be paid the contract price for services performed in
accordance cvdh, the manner of performance set forth in this contract.
If this contract i:: terminated while the Contractor has possession of Recipient goods, the
Contractor shall, upon direction of the City of Port Arthur, protect and preserve the goods until
surrendered to the Recipient or its agent. Ile Contractor and City of Port Arthur shall agree on
payment for to preservation and protection of goods. Failure to agree on an amount will be
resolved under the Dispute clause.
after termil ion for failure to fulfill contract obligations, it is determined that the Contractor
was not yin de 0111t, the rights and obligations of the parties shall be the same as if the
terminatson h.o been issued for the convenience of the City of Port Arthur
11. Terminli ;or Default (Construction) If the Contractor refuses or fails to prosecute the work
oz any separable part, with the diligence that will insure its completion within the time specified
in this contra( t )5 any extension or fails to complete the work within this time, or if the
Contractor f11111; to comply with any other provisions of this contract, the City of Port Arthur
may terminate this contract for default. The City of Port Arthur shall terminate by delivering to
the Contractor t, Notice of Termination specifying the nature of the default. In this event, the
Recipient may tike over the work and compete it by contract or otherwise, and may take
possession of anal use any materials, appliances, and plant on the work site necessary for
completing the work_ "the Contractor and its sureties shall be liable for any damage to the
Recipient result_ng from the Contractor's refusal or failure to complete the work within
specifier time, i.vhether or not the Contractor's right to proceed with the work is terminated.
this liability i n; :odes any increased costs incurred by the Recipient in completing the work.
the Contractor's right to proceed shall not be terminated nor the Contractor charged with
damages under this clause il-
1 . the delay in c irnpleting the work arises from unforeseeable causes beyond the control and
.without the f,nn t or negligence of the Contractor. Examples of such causes include: acts of God,
acts of the Recipient, acts of another Contractor in the performance of a contract with the
:2ecipiert, e p 0, imics, quarantine restrictions, strikes, freight embargoes; and
2. the 5V:l trl0ur:, within [1 0] days from the beginning of any delay, notifies the City of Port
rtl�:ur in writing of the causes of delay. If m the judgment of the City of Port Arthur, the delay
s excus. lIle. ' lr 1 time for completing the work shall be extended. The judgment of the City of
Port [Mot r be final and conclusive on the parties, but subject to appeal under the
Dispute, clans, s
Federally Required and other Model Contract Clauses 34
If, after t.rmination of the Contractor's right to proceed, it is determined that the Contractor was
not in default, or that the delay was excusable, the rights and obligations of the parties will be
the same as if the termination had been issued for the convenience of the Recipient.
I. lei nnt ration [.ir Convenience or Default (Architect and Engineering) The City of Port Arthur
may terminate this contract in whole or in part, for the Recipient's convenience or because of the
failure of the Contractor to fulfill the contract obligations. The City of Port Arthur shall
terminate by -lcgvering to the Contractor a Notice of Termination specifying the nature, extent,
and effective date of the termination. Upon receipt of the notice, the Contractor shall (1)
immediately ,i t;continue all services affected (unless the notice directs otherwise), and (2)
deliver to the Contracting Officer all data, drawings, specifications, reports, estimates,
summaries, and other information and materials accumulated in performing this contract,
ta'hether cernpluted or in process.
If the tern unatiun is for the convenience of the Recipient, the Contracting Officer shall make an
equitable adjiis'.rnent in the contract price but shall allow no anticipated profit on unperformed
>_rvic s
[f the terming Lion is for failure of the Contractor to fulfill the contract obligations, the Recipient
may complet t the work by contact or otherwise and the Contractor shall be liable for any
additiona]. cost .recurred by the Recipient.
It, alter terrain. +lion for failure to fulfill contract obligations, it is determined that the Contractor
was not in default, the rights and obligations of the parties shall be the same as if the
termination hail been issued for the convenience of the Recipient.
I. hermit ti ca for Convenience of Default (Cost -Type Contracts) The City of Port Arthur may
terminate this contract, or any portion of it, by serving a notice or termination on the
Contract or. l ht notice shall state whether the termination is for convenience of the City of Port
Arthur it for ti default of the Contractor. If the termination is for default, the notice shall state
the manner in which the contractor has failed to perform the requirements of the contract. The
Contractor shall account for any property in its possession paid for from funds received from
die City of Port Arthur, or property supplied to the Contractor by the City of Port Arthur If the
termination is tut- default, the City of Port Arthur may fix the fee, if the contract provides for a
fee, to h,,t paid the contractor in proportion to the value, if any, of work performed up to the
t Mitt of t e.rmina tion. The Contractor shall promptly submit its termination claim to the City of
Fort Arthur en 1 the parties shall negotiate the termination settlement to be paid the Contractor.
It the tc mirmaimen is for the convenience of the City of Port Arthur, the Contractor shall be paid
its contract closeout costs, and a fee, if the contract provided for payment of a fee, in proportion
to the wet* 1'em formed up to the time of termination.
If, after s, Dun;' a notice of termination for default, the City of Port Arthur determines that the.
Contractor 1 , n excusable reason for nut performing, such as strike, fire, flood, events which
are not the 1,,ult of and are beyond the control of the contractor, the City of Port Arthur, after
setting up a -a,>., work schedule, mrw allow the Contractor to continue work, or treat the
terminatem _i termination for convenience.
Federally Required and other Model Contract Clauses 35
4. GOVERN 13NT -WIDE DEBARMENT AND SUSPENSION (NON - PROCUREMENT)
49 CFR fart
Executive °rue 12549
:Applicability to Contracts
Executive Ome 12549, as implemented by 49 CFR Part 29, prohibits FTA, recipients and sub -
recipients from contracting for goods and services from organizations that have been
suspended or d tbarred from receiving Federally assisted contracts. As part of their applications
each y(2ar, recipients are required to submit a certification to the effect that they will not enter
into contracts oi'cr $100,000 with suspended or debarred contractors and that they will require
their contract.)_ s and their subcontractors) to make the same certification to them.
Plow Down
t:ontractors are required to pass this requirement on to subcontractors seeking subcontracts
over $100,000. "1 bus, the terms "lower tier covered participant''' and "lower tier covered
transaction" i_u ude both contractors and subcontractors and contracts and subcontracts over
$100,000
Model Clause/ Language
(Instructions) The certification and instruction language is contained at 29 CFR Part 29,
:Appendix 13, and must be included in IFB's and REP's [for inclusion by contractors in their bids
or proposals] for all contracts over 5100,000, regardless of the type of contract to be awarded.
Certification itiiigarcling Debarment, Suspension, and Other Responsibility Matters
Lower 'Fier ered Transactions (Third Party Contracts over 5100,000).
ristrn, tions t ,r Certification
1. By signing; and submitting this bid or proposal, the prospective lower tier participant is
providing tLr signed certification set out below .
2. The crrtificaton in this clause is a material representation of fact upon which reliance was
placed when this transaction was entered into. If it is later determined that the prospective
ower tier participant knowingly rendered an erroneous certification, in addition to other
remedies available to the Federal Government, City of Port Arthur may pursue available
rctnedies, inciuding suspension and/or debarment.
3. 'File prospcct:1 e lower tier participant shall provide immediate written notice to City of Port
Arthur iF at ant time the prospective lower tier participant learns that its certification was
rnneous wl c , submitted or has become erroneous by reason of changed circumstances.
1 The terms .a erect transaction," "debarred," "suspended," 'ineligible," 'lower tier covered
transaction," "participant,' persons,' "tower tier covered transaction," "principal," "proposal,"
And ''vol mita ri1 excluded," as used in this clause, have the meanings set out in the Definitions
,1011 C r erat',a cclions of rules implementing Executive Order 12549 [49 CFR Part 29]. You may
contact a_ ity ; it ','ort Arthur for assistance in obtaining a copy of those regulations.
Federally Required and other Model Contract Clauses 36
3. The prospect :ve lower tier participant agrees by submitting this proposal that, should the
proposed covered transaction be entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred, suspended, declared ineligible, or
voluntarily occluded from participation in this covered transaction, unless authorized in
writing by Citv of Port Arthur
o. The prospe:t ve lower tier participant further agrees by submitting this proposal that it will
arclude the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and
C l union- Lower Tier Covered Transaction ", without modification, in all lower tier
re vered h 3r tions and in all solicitations for lower tier covered transactions.
7_ A par `.icipent in a covered transaction may rely upon a certification of a prospective
participant i lower tier covered transaction that it is not debarred, suspended, ineligible, or
voluntarily e,c:u /led from the covered transaction, unless it knows that the certification is
erroneous. A participant may decide the method and frequency by which it determines the
eligibility of its principals. Each participant may, but is not required to, check the
ionprocurebut it 1,istissued by U.S. General Service Administration.
3. Nothing centarned in the foregoing shall be construed to require establishment of system of
records :n orde_ to render in good faith the certification required by this clause. The knowledge
and intoruratio r of a participant is not required to exceed that which is normally possessed by a
prudent pers n: in the ordinary course of business dealings.
) - Except for i1, nsactions authorized under Paragraph 5 of these instructions, if a participant in
covered transivlion knowingly enters into a lower tier covered transaction with a person who
is suspended. debarred, ineligible,. or voluntarily excluded from participation in this
Lansaction, in addition to all remedies available to the Federal Government, City of Port Arthur
may pursue 0v.iilable remedies inchading suspension and /or debarment.
"Certification hegardin Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower
Thor Cn rre.i insaction"
(1) The prosper five lower tier participant certifies, by submission of this bid or proposal, that
reitirer it not it , "principals'" (as defined at 49 CFR § 29.105(p)] is presently debarred,
suspended, j rrposed for debarment, declared ineligible, or voluntarily excluded from
particip.rtiou this transaction by an Federal department or agency.
(2) When the 1, ospertive lower tier participant is unable to certify to the statements in this
certification, sr:ch prospective participant shall attach an explanation to this proposal.
25. PI I ACl ,ACT
5 USC 2
-' pplicablit, t;, Contracts
Federally Required and other Model Contract Clauses 37
),When a granthe maintains files on drug and alcohol enforcement activities for FTA, and those
tiles are organiz so that information could be retrieved by personal identifier, the Privacy Act
requirenents apply to all contracts.
fow Dawn
)the Federal 1'na acy Act requirements flow down to each third party contractor and their
contracts at every tier.
fvlodel Clause/ ainguage
' :he text ,)f dm. following clause has not been mandated by statute or specific regulation, but has
been developed by FI'A.
Contracts 'Imo ,1 ring Federal Privacy Act Requirements - The following requirements apply to
the Contracto_ and its employees that administer any system of records on behalf of the Federal
t: ;)vertmient _i,ndzr any contract:
1/ The 0 cintr or agrees to comply with, and assures the compliance of its employees with, the
information r_sirictions and other applicable requirements of the Privacy Act of 1974,
5 USC § 352a. Among other things, the Contractor agrees to obtain the express consent of the
Federal Government before the Contractor or its employees operate a system of records on
behalf of the Fe, teral Government. The Contractor understands that the requirements of the
Privacy Act, ins Ivding the civil and criminal penalties for violation of that Act, apply to those
individuals inviilved, and that failure to comply with the terms of the Privacy Act may result in
terminat of t're underlying contract
(2) 'Hie Crni er also agrees to include these requirements in each subcontract to administer
tinny system of records on behalf of the Federal Government financed in whole or in part with
Federal assist provided by FTA.
26. (11 Y1 _ 1'll( :l'S REQUIREMENTS
29 USC t; 623, 41 USC § 2000
42 USC ri 6102, 12 USC § 12112
42 USC § 12142 49 USC § 5332
21) CFR fart . 11 O, 41 CFR Parts 60 at seq.
Applicability tc Contracts
the Civil Rignt; Requirements apply to all contracts.
Inc ' Down
the Civil Rip it ; requirements flow down to all third party contractors and their contracts at
every fir:
odelCl.nis, _inguage
1 he [rll�'0 i -i, I�+use was predicated 00 language contained at 49 CFR Part 19, Appendix A, but
FTA has shin ii) i the lengthy text.
Federally Required and other Model Contract Clauses 38
Civil Ril,hts - The following requirements apply to the underlying contract:
31) Nonaliscrrnnation - In accordance with Title VI of the Civil Rights Act, as amended, 42 USC
3 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 USC § 6102, section
202 of tl An i leans with Disabilities Act of 1990, 42 USC 9 12132, and Federal transit law at 49
I;SC 9 5:322, t'ru Contractor agrees that it will not discriminate against any employee or
._applicant. for : because of race, color, creed, national origin, sex, age, or disability. In
Addition, the , 1_nntractor agrees to comply with applicable Federal implementing regulations
And other ; ,v h menting requirements Ft A may issue.
(2) Equal Employment Opportunity - The following equal employment opportunity
requirements apply to the underlying contract:
(a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights
Act, as amended, 42 USC 9 2000e, and Federal transit laws at 49 USC § 5332, the Contractor
agrees to comply with all applicable equal employment opportunity requirements of U.S.
Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs,
Equal Ernplo ,-nient Opportunity, Department of Labor," 41 CPR Parts 60 et seq.., (which
implement 1 Aso. :utive Order No. 11246, "Equal Employment Opportunity," as amended by
E'xecutiA e Or. ler No. 11375, "Amending Executive Order 11246 Relating to Equal Employment
)pporta.nit ,' 42 USC 5 2.000e note), and with any applicable Federal statutes, executive orders,
n..gutaticals, anti .Federal policies that may in the future affect construction activities undertaken
in the course of the Project. The Contractor agrees to take affirmative action to ensure that
applicants are employed, and that employees are treated during employment, without regard to
their racy, colon, creed, national origin, sex, or age. Such action shall include, but not be limited
to, the folloe i employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination; rates of pay or other forms of compensation; and selection for
training. including apprenticeship. le addition, the Contractor agrees to comply with any
onplenuentin,3 requirements FT.A may issue.
(h) Age - In ac i dance with section 4 of the Age Discrimination in Employment Act of 1967, as
a mended, 29 U:HC § 623 and Federal transit law at 49 USC 5 5332, the Contractor agrees to
refrain from 11rcrimination against present and prospective employees for reason of age. In
add itin: the 2 ;ntractor agrees to ccanpla with any implementing requirements FTA may issue.
O 1)isahilitir s In accordance with r.rction 102 of the Americans with Disabilities Act, as
amended, 42 U3C 912112, the Contractor agrees that it AviI1 comply with the requirements of
U.S. Equal Tim} loymentOpportunity Conunission, "Regulations to Implement the Equal
Employ mert Provisions of the Americans with Disabilities Act," 29 CFR Part 1630, pertaining to
cmploy.nent 01 persons with disabilities. in addition, the Contractor agrees to comply with any
implem t itin r erluirement:; FTA may issue.
(3) 'the is or.:: ac tor also agrees to inc',ude these requirements in each subcontract financed in
whole or in f: with Federal assistr,r, t provided by FTA, modified only if necessary to identify
the atte,1r.ir1 Lei ies.
27. 0]2l AA(T AND DISPUTERE501.L'ITION
Federally Required and other Model Contract Clauses 39
-9 CFR I'a -t 1.,
! LA, Circular 1„ H[)
pplicability to Contracts
All contracts m axcess of $100,00() shall contain provisions or conditions which will allow for
administrative :, contractual, or legal remedies in instances where contractors violate or breach
contract terms, and provide for such sanctions and penalties as may be appropriate. This may
include proviarns for bonding, penalties for late or inadequate performance, retained earnings,
liquidated da:r.;lges or other appropriate measures.
Flow Dorn
- the Breaches „3 d Dispute Resolutions requirements flow down to all tiers.
ivlodei Clauses; Language
FDA does not le escribe the form or content of such provisions. What provisions are developed
will depend on the circumstances and the type of contract. Recipients should consult legal
counsel in let eloping appropriate clauses. The following clauses are examples of provisions
Ruin various Fl P, third party contracts.
Disputes - Dh p rtes arising in the performance of this Contract which are not resolved by
dgreerneat of tine parties shalt be decided in writing by the authorized representative of City of
Port Arthur's [title of enployee]. This decision shall be final and conclusive unless within [ten
J11))1 days from. the date of receipt of its copy, the Contractor mails or otherwise furnishes a
written appeal to the [title of employee]. 1n connection with any such appeal, the Contractor
shall be afforded an opportunity to be heard and to offer evidence in support of its position. The
decision of th, (title of employee] shall be binding upon the Contractor and the Contractor shall
d'ide be the he(ision.
Performance During Dispute - Unless otherwise directed by City of Port Arthur, Contractor
shall continuo performance under this Contract while matters in dispute are being resolved.
Claims 1, at I) ,Jraages - Should either Jarty to the Contract suffer injury or damage to person or
property 1 U!.e of any act or omission oij the party or of any of his employees, agents or others
tor whose acts 1.e is legally liable, a claim for damages therefor shall be made in writing to such
other pi ty 0. itliin a reasonable time after the first observance of such injury of damage.
. emedles - U:n1 les this contract provides otherwise, all claims, counterclaims, disputes and
other matters in question between the City of Port Arthur and the Contractor arising out of or
relating to this ❑;1reeurent or its breach will be decided by arbitration if the parties mutually
agree, or in a court urt of competent jurisdiction within the State in which the City of Port Arthur is
'(tcated.
: ighls and Rtuedies - The duties and obligations imposed by the Contract Documents and the
~:ghts u d r0mcdies available thereunder shall he in addition to and not a limitation of any
duties, eldigatiuns, rights and remedies otherwise imposed or available by law. No action or
`allure to ;re t tj✓ the City of Port Arthur, 1Architect) or Contractor shall constitute a waiver of
,Ally ri ;in ter clu c afforded any of them under the Contract, nor shall any such action or failure
Federally Required and other Model Contract Clauses 40
act cor:slitate an approval of or acquiescence in any breach thereunder, except as may be
Specifically a1',r2 d in writing.
28. PATENT :AND RIGHTS IN DATA
3i CFR Pit 4! tt
49 CFR Farts 18 and 19
1pplicabihly to Contracts
Patent and rights in data requirements for federally assisted projects ONLY apply to research
projects '.n wlfic FTA finances the purpose of the grant is to finance the development of a
product dr information. These patent and data rights requirements do not apply to capital
projects or operating projects, even though a small portion of the sales price may cover the cost
r>1 product development or writing the user's manual.
1'iow Do r: n
The Patent and sights in Data requirements apply to all contractors and their contracts at every
tier.
Model Clause /Language
The F1'A patent clause is substantially similar to the text of 49 CFR Part 19, Appendix A, Section
5, but the rights in data clause reflects 111 A objectives. For patent rights, F'TA is governed by
Federal law and regulation. For data rights, the text on copyrights is insufficient to meet FTA's
purpose; for irn arding research grants. This model clause, with larger rights as a standard, is
proposed wit9 the understanding that this standard could be modified to FTA's needs.
CONTR.IC'IS J'VOLVINGEXPER1y' ENTAL , DEVELOPMENTAL, OR RESEARCH WORK.
.1. Rights in Hata - This following requirement applies to each contract involving experimental,
developmental tr research work:
(1} The terra 5_ :htect data used in this clause means recorded information, whether or not
copyrighted, :lilt is delivered or specified to be delivered under the contract. The term includes
graphic or pi; serial delineation in media such as drawings or photographs; text in specifications
or related performance or design -type documents; machine forms such as punched cards,
magnetic tape, of computer memory printouts; and information retained in computer memory.
Examples inc °nr,le, but are not limited to: computer software, engineering drawings and
.1s,sociated lists, specifications, standards, process sheets, manuals, technical reports, catalog
item identifications, and related infoonation. The term "subject data" does not include financial
reports st an d1, ses, and similar information incidental to contract administration.
i 2) '1 he folic it. it, . restrictions apply to all subject data first produced in the performance of the
nntract to ;cni, 9 this Attac,iment has been added:
,,a) Excel , t le: it; own internal use the Purchaser or Contractor may not publish or reproduce
;;eject data :o'elr or in part, or it any manner or form, nor may the Purchaser or Contractor
.nithort /e of t er3 to do so, without the written consent of the Federal Government, until such
:iinc as Ih 'tat Government: may have either released or approved the release of such data
Federally Required and other Model Contract Clauses 41
to the public, tkca restriction on publication, however, does not apply to any contract with an
academic instaction.
Co) In acc order-Ice with 49 CFR §18.34 and 49 CFR § 19.36, the Federal Government reserves a
royalty -free, ncnn- exclusive and irrevocable license to reproduce, publish, or otherwise use, and
to authorize ethers to use, for "Federal Government purposes," any subject data or copyright
describe,{ in subsections (2)(b)1 and i2)(b)2 of this clause below. As used in the previous
sentence. "for Federal Government purposes," means use only for the direct purposes of the
Federal Government. Without the copyright owner's consent, the Federal. Government may not
extend its Federal license to anv other party.
Any suhjeci data developed under that contract, whether or not a copyright has been
obtained; anti
Any rights •.al copyright purchased by the Purchaser or Contractor using Federal assistance in
whole or in p provided by FTA.
tc) When FTA. awards Federal assistance for experimental, developmental, or research work, it
is PTA's intention to increase transportation knowledge available to the public, rather
than to restrict the benefits resulting from the work to participants in that work. Therefore,
unless FTA d'tcrrnines otherwise, the Purchaser and the Contractor performing experimental,
developmental, or research work required by the underlying contract to which this Attachment
is added agrees 10 permit F T'A to make available to the public, either FTA's license M the
copyright to on.e subject data developed in the course of that contract, or a copy of the subject
data firs proi_luced under the contract for which a copyright has not been obtained. If the
experimental, i.levelopmental, or research work, which is the subject of the underlying contract,
.s not compknot for any reason whatsoever, all data developed under that contract shall
become data as defined in subsection (a) of this clause and shall be delivered as the
Federal (1( ivc rnment may direct. This subsection (c) , however, does not apply to adaptations of
automatic da :a processing equipn-.ent or programs for the Purchaser or Contractor's use whose
oasts arc financed in whole or in part with Federal assistance provided by FTA for
iransporti.tioe, iapital projects.
� cl) Unless pi illibited by state law, upon request by the Federal Government, the Purchaser and
the Conl.racto..ayree to indemnify, save, and hold harmless the Federal Government, its
siificers, and employees acting within the scope of their official duties against any
la,abili ty , including costs and expenses, resulting from any willful or intentional violation by the
Purchaser o- nitractor of proprietary rights, copyrights, or right of privacy, arising out of the
publication, t r a relation, reproduction, delivery, use, or disposition of any data furnished under
C.aat contract. Neither the Purchaser .o.cr the Contractor shall be required to indemnify the
Federal Gown ment for anv such liability' arising out of the wrongful act of any employee,
official, or no ':1s of the Federal Government.
(-:) Nothing attained in this clause on rights in data shall imply a license to the Federal
Goverrunent in liter any patent or be construed as affecting the scope of any license or other
right otla,' e . st i,r anted to the Federal Government under any patent.
Federally Required and other Model Contract Clauses 42
(1) Data devel,T ed by the Purchaser , ;)r Contractor and financed entirely without using Federal
iissistance provided by the Federal Government that has been incorporated into work required
F ry the underl ying contract to which this Attachment has been added is exempt from the
equirements of subsections (b), (c), and (d) of this clause, provided that the Purchaser or
Contractor identifies that data in wril.ing at the time of delivery of the contract work.
(g) Unless FTA •leterrnines otherwise, the Contractor agrees to include these requirements in
each subcontract for experimental, developmental, or research work financed in whole or in
hart with Fed r.il assistance provided by FTA.
(3) Unless the Federal Government later makes a contrary determination in writing, irrespective
of the Contractor s status (i.e. , a large business, small business, state goverrunent or state
instrurnentali;v local government, nonprofit organization, institution of higher education,
individual, et, the Purchaser and the Contractor agree to take the necessary actions to
provide, through FTA, those rights in that invention due the Federal Government as described
in U.S De aartrnent of Commerce regulations, "Rights to Inventions Made by Nonprofit
Organizations and Small Business Frans Under Government Grants, Contracts and Cooperative
Agreements,' :''.' CFR Part 40I.
14) The Ccmtr c or also agrees to include lliese requirements in each subcontract for
experimental. developmental, or research work financed in whole or in part with Federal
sistance pro% sled by FTA-
13. Patent Rights - these following requirements apply to each contract involving experimental,
developmental, or research work:
(1) General -- if any invention, imp-:o!ement, or discovery is conceived or first actually reduced
to practice in the course of or under the contract to which this Attachment has been added, and
that invention, improvement, or discovery is patentable under the laws of the United States of
America or at ty foreign coin ary, the Purchaser and Contractor agree to take actions necessary to
provide ate notice and a detailed report to the party at a higher tier until FTA is
ultimately non( ed.
i 2) Unless the 1' deral Government Latter makes a contrary determination in writing, irrespective
of the Contra ttu's status (a large business, small business, state government or state
mstrun ntality local government, nonprofit organization, institution of higher education,
Individual), the Purchaser and the Contractor agree to take the necessary actions to provide,
through FTA, those rights in that invention due the Federal Government as described in U.S.
Department of '2ommerce regulations, "Rights to Inventions Made by Nonprofit Organizations
and Small Busitiess Firms Under Government Grants, Contracts and Cooperative Agreements,"
L'CFR Part -]nl.
2) The ( ■alr a 411 also agrees to include the requirements of this clause .`ui each subcontract for
asaacriml nta 1 eecolopmentah, er research work financed in whole or in part with Federal
assistance p deaf by ETA
\ 1I'LOYI)L 1' Cr1l C{1V2 AGREEMENTS
Federally Required and other Model Contract Clauses 43
4 USC 531(1, 5311, and § 5333
»c) CT I? urt 21(I
\.pplicability to Contracts
Llre Transit Liii1doyee Protective Provisions apply to each contract for transit operations
performed IA employees of a Contractor recognized by FTA to be a transit operator. (Because
transit ep era t:ons involve many activities apart from directly driving or operating transit
vehicles, FT d ttermines which activities constitute transit "operations" for purposes of this
clause.)
low Down
These s are applicable to all contracts and subcontracts at every tier.
ivlowl Clause/ — anguage
Siince nu mandatory language is specified, FTA had developed the following language. Transit
Employee Protective Provisions. (1) The Contractor agrees to the comply with applicable transit
employee prate tive requirements as follows:
(a) Gene al Ira] isit Employee Protective Requirements - To the extent that FTA determines that
transit operations are involved, the Contractor agrees to carry out the transit operations work
on the underlviirg contract in compliance with terms and conditions determined by the U.S.
Secretary of tail or to be fair and equ :table to protect the interests of employees employed under
this contract oral to meet the employee protective requirements of 49 USC § A 5333(b), and U.S.
DOI. guidelines at 29 CPR Part 215, and any amendments thereto. These terms and conditions
are identified i:: the letter of certification from the U.S. DOL to FTA applicable to the FTA
Recipient's it rot tot from which Federal assistance is provided to support work on the
underlying cc urract. The Contractor agrees to carry out that work in compliance with the
taanditions stated in that U.S.. DOL letter. The requirements of this subsection (1), however, do
nut apply to erne contract financed with Federal assistance provided by FTA either for projects
for elderly individuals and individuals with disabilities authorized by 49 USC §5310(a)(2), or
for projects for .00nurbanized areas authorized by 49 USC (3'5311. Alternate provisions for those
projects , n e e t 'orthin subsections (b) and (c) of this clause.
(b) transit Employee Protective Requirements for Projects Authorized by 49 USC § 5310(a)(2)
for Elderly Individuals and individuals with Disabilities - If the contract involves transit
operatics is fir iancect in whole or in part with Federal assistance authorized by 49 USC §
5310(a)(1), and if the U.S. Secretary of Transportation has determined or determines in the
future that die employee protective requirements of 49 USC § 5333(b) are necessary or
al pro priate fttr the state and the public body subrecipient for which work is performed on the
underlying c: ar rust, the Contra for agrees to carry out the Project in compliance with the terms
nd condihcr 5 determined by the U S- Secretary of Labor to meet the requirements of 49 USC §
i 333(b), C9.9. 1901, guidelines at 29 CFR Part 215, and any amendments thereto. These terms and
co dition,s an, i ientified in the U.S. DOCs letter of certification to FTA, the date of which is set
orth Gr , gi Bement or Cooperative Agreement with the state. The Contractor agrees to
itcirforin tr-anr -il operations in connection with the underlying contract in compliance with the
auiitic,:rs 5t.iteel in that U.S. DOL letter.
Federally Required and other Model Contract Clauses 44
c) Transit Enrp.oyee Protective Requirements for Projects Authorized by 49 USC § 5311 in
y:onurbanizeil lreas - If the contract involves transit operations financed in whole or in part
Federal as > ;istance authorized by 49 USC § 5311, the Contractor agrees to comply with the
-erns and conditions of the Special Warranty for the Nonurbanized Area Program agreed to by
he tJ_S. Sear ;iiries of Transportation and Labor, dated May 31, 1979, and the procedures
implemented 0 U.S. DOL or any revision thereto.
`2) The Contrac a lso agrees to include the any applicable requirements in each subcontract
involving transit operations financed. in whole or in part with Federal assistance provided by •
PTA. •
10. D1SADV,A_^1TAGI?D BUSINESS ENTERPRISE (DBE)
.19 CFR fart _ ;
•
ApplicaSilih• 0 Contracts
DEE provisi( n• only apply to all DOT- assisted contracts. Disadvantaged Business Enterprise
Provision
1. The Federal I fiscal Year goal has been set by City of Port Arthur in an attempt to match
projected preei:rernents with available qualified disadvantaged businesses. City of Port
Arthur goal.-., for budgeted service contracts, bus parts, and other material and supplies for
Disadv au,ag••d iusiness Enterprises have been established by City of Port Arthur as set forth by
t_1e Dep.lrtrn it of Transportation Regulations 49 CFR Part 23, March 31,1980, and amended by
iiection 1261 ;] if the Surface Transportation Assistance Act of 1987, and is considered pertinent
to any Coat:..c: Agreement resulting from this request for proposal.
2 a specific 1 > :1 goal is assigned to this Contract Agreement, it will be clearly stated in the
SpedSpec iiiil .Hpec i! ic.itions, and if the Contractor is found to have failed to exert sufficient,
reasonaihle, a■c: good faith efforts to involve DBE's M the work provided, City of Port Arthur
may de, lure tlho Contractor non - complaint end in breach of Contract Agreement. If a goal is not
stated hi the Oiecial Specifications, it will be understood that no specific goal is assigned to this
C ontract . Al'1`.' C ❑lent
(a) Policy - It is the policy of the Department of Transportation and City of Port Arthur that
Disadvant,l t J business Enterprises, as defined in 49 CFR Part 26, and as amended in Section
106(c) cal the ..dace Transportation and Uniform Relocation Assistance Act of 1987, shall have
the inaxunu1 ipport unity to participate in the performance of Contract Agreement financed in
vcl en m t •iu t with federal funds under this Contract Agreement. Consequently, the DBE
requirot nI c C 49 CFR Part 26 and Section 106(c) of the STURAA of 1987, apply to this
Contract :1;gt nlent,
The Cuntrarto1 agrees to ensure that 1)BE's as defined in 49 CFR Part 26 and Section 106(c) of
tht t; t11ZAa 1987, have the :amaxi:num opportunity to participate in the whole or M. part with
bile al 1 - .:;vided under this Col act Agreement. In this regard, the Contractor shall take
eil n_,e ,5 -hr, ,i0] reasonable steps in accordance with the regulations to ensure that DBE's have
the mumii ipportunity to compete for and perform subcontracts. The Contractor shall not
discrine001 t115 basis of race, color, national origin, religion, sex, age or physical handicap in
Federally Required and other Model Contract Clauses 45
the award and performance of subcontracts.
L is further th• policy of City of Port Arthur to promote the development and increase the
1 artic ihai iun. , businesses owned and controlled by disadvantaged. DBE involvement in all
1.hases oI City nv Port Arthur's procurement activities is encouraged.
b) DBE obliyati.an - The Contractor end its subcontractors agree to ensure that disadvantaged
businesses have the maximum opportunity to participate in the performance of contracts and
subcontracts financed in whole or in part with federal funds provided under the Contract
Agreement. In that regard, ell Contractors and subcontractors shall take all necessary and
reasonable steps in accordance with 49 CFR Part 26 as amended, to ensure that minority
business entcnrpaises have the maximum opportunity to compete for end perform contracts.
(c) Where the Contractor is found to have failed to exert sufficient reasonable and good faith
efforts to irn t5v(' DBE's in the work provided, the City of Port Arthur may declare the
:nntract complaint end in breiacli of Contract Agreement.
��I I The ( nni ric or will keep records and documents for a reasonable time following
w•rferniauce Contract Agreement to indicate compliance With City of Port Arthur's DBE
p::agram. These records and documents will be made available et reasonable times and places
for inspection t' .any authorized representative of City of Port Arthur and will be submitted to
City of Fort A r1.hur upon request.
(c) City ct fort Arthur will provide affirmative assistance as may be reasonable and necessary
to assist the prune Contractor in implementing their programs for DBE participation. The
assistance men. Include the following upon request:
' Identifica.tiu :0 .ttqualified DBE
1vailat'le listing; of Minority Assistance Agencies
' 1 toi- .lini n fcrences to emphasize. requirements
S. DBE. Prow, a r 1) finitions, as used in the Contract Agreement:
cal Disadv.antd; - cd business means a smell business concern ":
i. Which is a. !east 51 percent owned by one or more socially and economically disadvantaged
ndividu.nls, r i n the case of any publicly owned business, at least 51 percent of the stock of
'.which is none d by one or wore socially and economically disadvantages] individuals; and
i. Whose- m:1,1 ement and daily business operations are controlled by one or more of the
Ily .+c.5 nonucally 5 sadvantaged individuals who own it.
V,'hi st 51 percent owned by one or more women individuals, or in the case of any
Federally Required and other Model Contract Clauses 46
publicly owned business, at least 5 of the stock of which is owned by o:ne or more women
individuals;
iv Whose mai ;ement an.d daily business operations are controlled by one or more women
individuals who own it.
(b) "Small business concern" means a small business as defined by Section 3 of the Small
Business Act anc': Appendix 13 -
I sectian is bi ing developed to reflect the new rule in 49 CFR Part 26.
31 STATE A \P LOCAL LAW DISCLAIMER
�plicab :lily i. , contracts
I his disc applies to all contracts.
flow i 11
11ie Discl aimer leas unlimited flow down.
Model Clause/language
FTA has developed the following Language.
State and 1.oc tat Law Disclaimer - The use of many of the suggested clauses are not governed by
Federal law, but are significantly affected by State law. The language of the suggested clauses
may need to he tnodified depending on state law, and that before the suggested clauses are
used in the grantees procurement documents, the grantees should consult with their local
attorney.
32 INC:ORPCR 1 TIOIJ OF FGDERAI_ TRANSIT ADMINISTRATION (FTA) TERMS
rA Circular 4120.11)
Applicability ;o Contracts
The ie incorporation of PTA terms applies to all contracts.
Flow Down
`1'3ie int ponttion of FTA terms has unlimited flow down.
Model Clau si•3 Language
VIA has deaeI_omed the follca.ving incorporation of terms language:
Incorporatiotn. o Federal Transit Administration (ETA) Terns - The preceding provisions
include, in pc t, certain Standard Terms and Conditions required by DOT, whether or not
eispressly set fe th in the preceding contract provisions. All contractual provisions required by
1)01. as set f, rtL in FTA Circular 4220.11.), dated April 15, 1996, are hereby incorporated by
referencia Any l ring to the contrary l er ein notwithstanding, all FTA mandated terms shall be
deemed to sort nI in the event of a conflict with other provisions contained in this Agreement.
The Contract -ir shall not perform any iict, fail to perform any act, or refuse to comply with any
hcderall} Required and other Modcl Contract Clauses 47
(name of ?) requests v':hick would cause (name of grantee) to be in violation of the FTA
term; and cur.erbons.